Chesapeake Wrongful Death Lawyer
Wrongful death occurs when someone loses their life due to another party’s negligence, recklessness, or intentional actions. In these cases, Virginia law allows surviving family members to pursue compensation for the financial and emotional losses caused by the tragedy.
Tronfeld West & Durrett’s personal injury attorneys have over 50 years of experience helping families navigate wrongful death claims in Chesapeake. Combining deep legal expertise with a results-driven approach, we hold negligent parties accountable and work to secure the justice and compensation your family deserves.
Seeking Justice After the Loss of a Loved One in Chesapeake
According to Virginia Code § 8.01-50, wrongful death occurs when the negligence or wrongful act of another party causes a person’s death. In these cases, the law allows the surviving family members to pursue legal action to recover damages for their loss.
After a wrongful death, families face immense emotional pain alongside the financial burden of medical expenses, lost income, and funeral costs. Filing a wrongful death claim will help alleviate these challenges while holding the responsible parties accountable for their actions.
For answers to your questions about a wrongful death in Chesapeake, call:
800-321-6741
Common Wrongful Death Cases in Chesapeake
Wrongful death claims arise after a negligent action or preventable mistakes that cause a person’s death. In Chesapeake, the most common causes include:
Medical Malpractice Resulting in Fatal Outcomes
Medical malpractice is a leading cause of wrongful death, involving errors such as misdiagnosis, surgical mistakes, or failure to provide the appropriate treatment. When negligence leads to fatal complications, pursuing a claim helps families seek accountability from healthcare providers.
Fatal Vehicle Accidents in Chesapeake
Motor vehicle accidents are another major cause of wrongful death. These can involve motorcycles, trucks, or cars and often result from reckless driving, speeding, or driving under the influence. Victims’ families can file a wrongful death claim to recover damages for their loss.
Workplace Accidents and Employer Liability
Hazardous work environments (particularly in industries like construction) can lead to catastrophic injuries or even fatal workplace accidents. In these cases, employers who fail to follow safety regulations or provide proper training and equipment can be held liable in a wrongful death claim.
Who Can File a Wrongful Death Claim in Virginia?
According to Virginia Code § 8.01-53, only specific individuals can file a wrongful death claim, including:
- Surviving spouses: The spouse of the deceased has the highest priority in filing a wrongful death claim.
- Children or grandchildren of the deceased: This includes biological, adopted, or stepchildren, as well as grandchildren, who may be eligible to file if the deceased provided financial or emotional support.
- Parents or siblings, in certain cases: Parents and siblings may file if no spouse or children exist, or if they were financially dependent on the deceased within 12 months before their death.
- Executors or administrators of the deceased’s estate: If no eligible family members exist, the court-appointed estate representative can file a claim on behalf of the deceased’s beneficiaries.
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What Damages Are Recoverable in a Chesapeake Wrongful Death Claim?
Filing a wrongful death claim compensates your family for the financial, emotional, and psychological toll of their loss. Specifically, you can recover the following damages:
Compensation for Funeral and Burial Costs
Funeral and burial expenses place an immediate financial strain on families. Compensation aims to cover these costs so families can focus on mourning without added financial stress.
Loss of Financial Support and Income
The death of a loved one often results in the loss of a primary income source. Wrongful death claims address the financial impact by compensating for lost earnings and the deceased’s future financial contributions.
Emotional Pain and Suffering for Surviving Family
The psychological toll of losing a family member is immeasurable. Wrongful death claims can also include compensation for pain and suffering, which encompasses emotional distress, loss of companionship, and diminished quality of life.
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Critical Deadlines for Filing a Wrongful Death Lawsuit in Chesapeake
Virginia law imposes strict timelines for filing a wrongful death lawsuit, also known as the statute of limitations.
Virginia’s Statute of Limitations for Wrongful Death
Under Virginia Code § 8.01-244, families generally have two years from the date of death to file a wrongful death claim. Failing to file within this timeframe forfeits your right to seek compensation, so make sure to act promptly.
Special Circumstances That May Extend the Deadline
In some cases, families get more time to file a wrongful death claim. Delayed discoveries, like concealed medical errors or fraud, often reveal negligence after the standard deadline. These situations allow families to pursue justice when new facts come to light. Consulting a wrongful death attorney will help determine if your case qualifies for these exceptions.
How Our Chesapeake Wrongful Death Lawyers Can Help You
At Tronfeld West & Durrett, we employ a thorough approach to build strong wrongful death claims. When working with one of our lawyers, here’s what you can expect from us:
Investigating the Circumstances of the Death
Our attorneys conduct thorough investigations by collecting evidence, interviewing witnesses, and collaborating with experts. These efforts help establish clear negligence, determine liability, and create a compelling case to pursue justice and compensation.
Negotiating Fair Settlements With Insurance Companies
Insurance companies often try to minimize payouts, but our team has extensive experience in negotiating fair settlements. We work to maximize compensation, ensuring your family’s future financial stability.
Taking Your Case to Trial, if Necessary
If a fair settlement cannot be reached, we can take your case to court. With decades of trial experience, we’re ready to advocate for justice and hold negligent parties accountable.
Contact an Experienced Wrongful Death Lawyer in Chesapeake
With over 50 years of experience supporting families in Chesapeake, Tronfeld West & Durrett brings extensive resources, knowledge, and expertise to every case. During a free consultation, one of our lawyers will evaluate your situation, explain your legal options, and estimate how long your wrongful death lawsuit may take.
Plus, we charge no fees unless we win your case, allowing your family to pursue legal action with no upfront costs. You don’t have to navigate the legal system alone: contact us today to schedule your free consultation.
Call or text 800-321-6741 or complete a Free Case Evaluation form