Wrongful Death Lawyer Charlottesville VA
When you need a wrongful death lawyer Charlottesville VA families turn to after tragedy strikes, call MartinWren, P.C. at (434) 817-3100. Our firm has successfully handled many complex wrongful death cases for clients throughout the state. Our team of skilled attorneys takes an aggressive approach to protect the rights of families who have needlessly suffered the loss of a loved one.
When a loved one passes away because of wrongful death, it is a tragedy for the whole family. It can be overwhelming to consider all that may lie ahead when preparing for a wrongful death claim. When a person dies due to the negligence of another, it may be possible for the family to collect damages. An experienced wrongful death attorney Charlottesville VA families trust can help to manage the legal process, alleviating some of the burden.
A wrongful death lawyer in Charlottesville VA from Martin Wren, P.C. can meet with you to discuss the circumstances of your case. After a careful review, a Charlottesville wrongful death attorney from our firm may provide you with guidance regarding your legal options.
Filing a Wrongful Death Claim or Lawsuit
There are strict laws about who is eligible to file a wrongful death suit after someone passes away. These laws can be complex and frustrating. If there is conflict among family members, it can add a great deal of stress to the situation. A wrongful death lawyer Charlottesville VA residents choose from MartinWren, P.C. is well-equipped to deal with a potentially chaotic situation. Our attorneys understand the tremendous grief that accompanies wrongful death suits. A Charlottesville wrongful death lawyer from our legal team may handle as many details as possible on your behalf.Your MartinWren, P.C. attorney may file the wrongful death claim or lawsuit on behalf of the eligible family member who retains our firm.
- Your MartinWren, P.C. attorney may prepare and submit all necessary legal documents before applicable deadlines, including the statute of limitations.
- Your MartinWren, P.C. attorney may guide you through the legal process from the beginning and work hard to protect your rights.
- Your MartinWren, P.C. attorney may make every effort to bring your case to a successful conclusion, knowing all the while that sadly, nothing can bring back your loved one.
Common Wrongful Death Cases
If your family member has passed away due to the negligent or wrongful acts of another person, you might be wondering if the situation justifies contacting a wrongful death attorney Charlottesville VA may provide. There are a number of scenarios where someone’s death could have been prevented, and this is one of the key components of a wrongful death claim.
The following are some of the most common types of wrongful death cases.
Medical Malpractice: When a medical professional makes an error or acts negligently resulting in someone’s death, it’s possible to bring a wrongful death suit. An example is when there is a mistake in the administration of anesthesia for a surgery, resulting in the death of the patient. Medical malpractice can also occur when a patient is misdiagnosed or an error is made during surgery.
Vehicle Accident: Bike accidents, car accidents, and pedestrian accidents occur every single day. While most accidents do not result in fatalities, far too many still do. This is one of the most common types of wrongful death claims. A victim’s family might choose to contact a wrongful death attorney Charlottesville VA has to offer if, for example, the other driver was intoxicated, was distracted (e.g. texting and driving), or was otherwise negligent behind the wheel.
Criminal Act: When a person intentionally causes the death of another person, the victim’s family might choose to file a wrongful death claim. It is highly likely that there may be two legal cases happening at the same time: criminal and civil. The purpose of a wrongful death suit is to punish the guilty party by requiring them to pay damages to the victim’s family.
Work-Related Accident: Fatal work-related accidents tend to occur at workplaces requiring manual labor. Faulty equipment and car accidents are two of the more common causes for work-related fatalities. In these cases, workers compensation payments might not apply. Instead, the victim’s family would want to seek a wrongful death attorney Charlottesville VA can provide to see if a wrongful death lawsuit would be justifiable.
Wrongful death laws differ depending on the state where you reside, which is why it’s so important to speak with a wrongful death attorney in Charlottesville VA before taking any action. The situations listed above are by no means the only cases that qualify for wrongful death claims. There are many situations — ranging from defective products to slippery sidewalks — where the death of an individual could have (or should have) been prevented. When you talk to a wrongful death attorney Charlottesville VA families rely on, you can discuss the details of your relative’s accident and determine how to proceed.
A Wrongful Death Lawyer Charlottesville VA Believes In
MartinWren, P.C. offers a free consultation to those who have lost a loved one due to another’s negligence. During that meeting, a wrongful death lawyer Charlottesville VA families turn to under similar circumstances will learn from you how your loved one passed. Afterwards, you may have a clearer understanding of your legal options and how you may wish to pursue justice.
Whether the at-fault party is an individual, a company, or a large corporation, our legal team may be able to help. If your case meets the legal standard for eligibility, we may develop a legal strategy to recover the maximum amount of damages your family deserves. In some situations, punitive damages are also warranted, and they have the potential to be substantial. An award for punitive damages can make an example of the negligent party. This can bring some measure of consolation to your family for the loss of your loved one.
How MartinWren, P.C.can help you
The tragic loss of a loved one can leave the family feeling desperate and lost. The family may be unsure of how to pick up the pieces and move on despite the loss. MartinWren, P.C. is empathetic to our clients who are going through the unthinkable. Our team is experienced in wrongful death cases and we are tactful when handling the details as we guide families through the legal process. MartinWren, P.C. is available for a free consultation. Contact our Charlottesville VA wrongful death lawyer today and we will help you sort through the necessary paperwork in order to begin the claims process.
What to expect from MartinWren, P.C.
Determining if you have a case
The first step in pursuing compensation for the loss of a loved one is setting up a consultation with a wrongful death lawyer Charlottesville VA. Since cases such as wrongful death are dependent on evidence that indicates wrong-doing on the part of the defendant, it can be difficult to determine if there is a case. Martin Wren, P.C. utilizes the consultation time to sort through the police reports, eye witness reports, medical documents along with any other pertinent information regarding the incident. Upon reviewing the information, one of our attorneys will request any missing information and determine if you have a wrongful death case. Our attorney will then walk you through the legal process and what to expect as you move forward.
Proving wrongful death
If MartinWren, P.C. determines that there is a case, we will then begin the process of proving wrong-doing. Wrongful death cases are handled much like personal injury, in that the plaintiff must prove either negligence or intentional harm, depending on the details of the case. In the case of negligence, MartinWren, P.C.understands the necessity to be prudent and detail-oriented when proving the three important elements. The elements are duty of care, breach of duty of care and death as a result of the breach of duty of care. Our Charlottesville VA wrongful death lawyer is experienced with the elements of negligence cases and we will explain the process along the way.
Compensation and who pays
Ultimately, pursuing wrongful death compensation means that you will be suing the individual and/or his or her insurance company. The typical compensation associated with this type of case includes lost wages, medical bills, funeral and burial costs and pain and suffering. MartinWren, P.C. will be able to recommend an estimated appropriate compensation amount that you should consider. The estimate is based on the specifics of the case, family dynamics and those affected by the loss, as well as state laws.
First and foremost, MartinWren, P.C. cares deeply for our clients. We offer emotional support in addition to legal guidance. Our team is deeply compassionate about the work we do and the families who seek our help.
Contact MartinWren, P.C.
The loss of a close family member is a time of grieving. When that person died needlessly, it can compound the feelings of sadness, anger, confusion, and stress. A wrongful death suit cannot bring them back, but it can assuage the financial hardship associated with the loss of the person you love.
Contact MartinWren, P.C. today and take the first step in the healing process. We will support you with guidance, information, and open arms. MartinWren, P.C. just may be able to facilitate the healing process for you and your family. Call (434) 817-3100 today to speak with a Martin Wren, P.C. wrongful death lawyer Charlottesville VA offers.
Wrongful Death as the Result of a Crime
A wrongful death is one that occurs at the hands of another person, due to their negligence, recklessness or intentional action. Little attention is paid to the third category, intentional action. Wrongful death lawsuits against the perpetrators of crimes are a valid way to seek damages and get closure for you and your family.
Your wrongful death lawyer in Charlottesville VA, at Martin Wren, P.C. Attorneys at Law can help you determine whether you should pursue a wrongful death case against a criminal. Here are some crimes that may result in wrongful death.
Murder or Manslaughter
Murder is defined as an illegal killing of another person. Manslaughter is the unintentional killing of another person. In a criminal case such as murder, the plaintiff must prove that the defendant is guilty beyond a reasonable doubt, at which point the defendant may go to prison.
In a civil case, the burden of proof is by a preponderance of the evidence. That means the fact finder — a judge or jury — is more than 50% sure the defendant was in the wrong. At that point, economic and non-economic damages may be awarded to the plaintiff. There are cases where an alleged murder has been found not guilty in criminal court, but found liable in civil court, giving the family a sense of closure. A wrongful death lawyer in Charlottesville VA can help you bring a lawsuit against the person who allegedly murdered your loved one.
DUI or Other Car-related Felony
Here are three cases in which a car accident becomes a felony.
- DUI. The CDC reports that 4.2 million people admit to having driven while under the influence of alcohol in the last month. That’s more than 121 million incidents of drunk driving every year.
The National Highway Traffic Safety Administration says that over 10,000 people are killed in drunk driving accidents every year. If you’ve lost a loved one in a DUI accident, speak with a wrongful death lawyer in Charlottesville VA, from Martin Wren, P.C. Attorneys at Law about filing a lawsuit against the drunk driver.
- Hit and run. AAA states that there were 737,100 hit and run crashes in 2015. In 2016, 2,049 people were killed by hit and run drivers, the majority of whom were bicyclists and pedestrians.
- Reckless driving. Reckless driving is driving without regard to the danger to yourself or others. Things like excessive speeding, weaving in and out of traffic and ignoring traffic signals all qualify as reckless driving. The Department of Transportation says that traffic accident deaths are up 18.6% in the first half of this year over last year, and they’re blaming reckless driving.