Accidents are shockingly common in Virginia and across the US, but you might be surprised to learn how often these incidents turn fatal. The US Centers for Disease Control and Prevention (CDC) reports nearly 214,000 unintentional injury deaths each year, many of which are preventable. These tragedies affect far more than the victim, as families are left facing hardship and the void of losing someone they love. If someone close to you has died in an accident, you may feel helpless as you face an uncertain future.
While legal action cannot bring your loved one back, a wrongful death claim can help ease the financial strain and provide a path forward. A Charlottesville wrongful death lawyer at the MichieHamlett Law Firm can guide you through the process, which shares some similarities with other personal injury cases. Please contact our talented personal injury attorneys today to schedule a free consultation and review an overview of the key legal concepts that may apply to your situation.
At its core, a wrongful death action is a type of personal injury case, except the victim died instead of merely being hurt. In these claims, you need to prove the essential elements of negligence to recover compensation. You must have evidence that the responsible party caused the fatal accident by breaching the legal duty to exercise reasonable care. For example, negligence is usually behind:
Though the true victim in a fatal accident is the one who was killed, compensation in a wrongful death case is intended to alleviate the losses of surviving family members.
In most cases, the victim’s personal representative has standing to seek monetary damages on behalf of the survivors. This might be an individual who was named as executor in a will, but it could be the person appointed by a probate court if there is no will. Like other personal injury cases, your first step will probably be filing a claim with the at-fault party’s insurance company. If the insurer refuses to pay fair monetary damages to settle, you will need to take your case to court.
Our team at the MichieHamlett Law Firm will handle the legal process on your behalf, as we have extensive skills in settlement discussions and years of courtroom experience. We aim to recover the highest amount of compensation allowed by Virginia law, including amounts for loss of consortium, support, guidance, education, and many others.
As you can see, wrongful death claims involve significant challenges and legal pitfalls. You put your rights at risk by pursuing the responsible party on your own, so rely on our team at the MichieHamlett Law Firm to advocate for you. For more information, contact us today to set up a complimentary case evaluation with a Charlottesville wrongful death lawyer.
