Roanoke Wrongful Death Attorney
Losing a family member is never easy. However, it’s even more devastating when someone else’s negligence caused their death. Understandably, your family’s grief may turn to anger and frustration when this is the case. Depending on the circumstances, you could have the legal right to bring a claim for your family’s loss, which is what’s known as a wrongful death claim. These claims can be rather complicated to pursue, which is why you want a skilled Roanoke wrongful death attorney on your side who can help.
Common Causes of Virginia Wrongful Death Claims
Any act of negligence or intentional wrongdoing could lead to a wrongful death claim. Some of the more common causes of wrongful deaths in Virginia include:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Slip and falls
- Dog bites
- Swimming pool accidents
- Construction site accidents
- Other workplace accidents
- Defective products
- Medical malpractice
- Negligent security
- Dangerous drugs
- Harmful medical devices
- Nursing home abuse or neglect
- Acts of violence
Possible Damages in a Roanoke Wrongful Death Claim
Damages in a wrongful death claim are designed to compensate the surviving family members for their suffering and grief. Some of the most common damages in a Roanoke wrongful death claim include:
- Loss of reasonably expected income, protection, care, services, etc.
- Funeral expenses
- Mental anguish, grief, and sorrow
- Loss of companionship, comfort, advice, and guidance
- Punitive damages (in select cases)
Who Can Recover in a Wrongful Death Action?
Under Virginia’s Wrongful Death Act, individual surviving family members are entitled to bring a wrongful death claim. They include:
- The surviving spouse
- The deceased’s children
- Children of a deceased child of the deceased (grandchildren)
- If there is a surviving spouse but no children or grandchildren, then the spouse and deceased’s parents
- If none of these, then siblings or other relatives that lived with the deceased and were primarily dependent on them for support
To bring a wrongful death case in Virginia, the deceased’s estate must appoint an executor or personal representative. While the personal representative is the one who files the lawsuit, the surviving family members listed above are the ones entitled to any compensation.
Holding the Liable Party Accountable for a Wrongful Death
Before you can recover any compensation for your family’s losses, you must prove the defendant(s) were at fault. That is one reason why it’s crucial to have an experienced Roanoke wrongful death attorney representing your family’s interests. We know that nothing can bring your family member back, and no amount of compensation can put a value on their life. However, filing a lawsuit against the responsible party can be an integral part of the grieving process. It can help provide some closure for you and your family as well.
To successfully collect compensation for your damages, you must show the other party was negligent, reckless, or acted intentionally. We will help you by gathering all the necessary evidence to show the defendant was liable. Depending on the circumstances, we may need to conduct a scene investigation, talk to witnesses, request documents, and more. In some cases, we may need to hire industry experts who can testify about specific facts.
If one of your family members died due to another person’s actions, you need to speak with one of our Roanoke wrongful death attorneys right away. Please contact MichieHamlett today to schedule an initial consultation. Let us help your family hold the responsible party accountable.