Dealing with losing a loved one due to the negligence or misconduct of another is challenging in and of itself, but under Virginia’s law, you can pursue legal action to get financial restitution for the incident.
At Tronfeld West & Durrett, we bring over fifty years of experience to the table and are ready to handle even the most complex cases in Fredericksburg. We’re committed to holding responsible parties accountable and ensuring families receive the maximum compensation possible under the law.
Our Fredericksburg Wrongful Death Lawyers Can Provide Support & Advice
If you’re looking to pursue legal action after a wrongful death, having the right legal team by your side can make all the difference in the outcome of your case. At our law firm, we can handle every legal aspect of your case, relieving you of the burden of dealing with Virginia’s legal system. Specifically, we can help you with:
- Case evaluation: We thoroughly review the circumstances of your case to determine the best legal approach.
- Investigation: Our team conducts a comprehensive investigation to gather all necessary evidence, including police reports, medical records, and witness statements.
- Negotiations with involved parties: We represent you in all legal proceedings, handling negotiations with insurance companies and opposing counsel to secure a just settlement.
- Court representation: If reaching a fair settlement isn’t possible, we’re prepared to take your case to trial to fight for the compensation you deserve.
Our personal injury lawyers in Fredericksburg provide a free initial consultation for you to ask all the questions you need. At the end of this meeting, you’ll have a clear understanding of your legal options and the steps we’ll take to pursue justice on behalf of your loved one.
For answers to your questions with a wrongful death serving Fredericksburg, call:
800-321-6741
Who is Entitled to Compensation in a Wrongful Death Claim?
In Virginia, wrongful death claims are a legal avenue for families to receive compensation when a loved one dies due to someone else’s negligence or intentional harm. According to Virginia Code § 8.01-50, these claims must be initiated by the representative of the deceased’s estate on behalf of the affected family members, which can include:
Surviving Spouse
The spouse of the deceased is typically the primary beneficiary in wrongful death cases, entitled to compensation for lost wages, emotional distress, and loss of companionship.
Children
Minor children, and sometimes adult children, can receive compensation for the loss of parental guidance, support, and financial stability.
Parents
In cases where the deceased is a minor, the parents can claim damages for emotional pain and suffering due to the loss of their child.
Filing a claim is challenging when you’re not accustomed to the legal system. But we do this for a living. Through a free initial consultation, our attorneys can help you understand how wrongful death claims work and ensure all eligible family members receive rightful compensation.
When Does a Death Fall Under the Category of Wrongful? – Understanding if You Have a Case
Determining whether a death qualifies as wrongful involves understanding the circumstances that led to the fatality. Some common situations where wrongful death is likely to occur include:
- Motor vehicle accidents: Such as car accidents and truck accidents, which often happen due to negligent driving behaviors like speeding or impaired driving.
- Medical malpractice: This includes errors in diagnosis, treatment, or surgery that result in death.
- Premises liability: Fatal injuries resulting from unsafe property conditions, like slips and falls, poor maintenance, or inadequate security.
- Workplace accidents: Where inadequate safety protocols or equipment failures lead to death.
- Product liability: Involving defective or dangerous products, including faulty automotive parts or unsafe children’s products.
Our firm is equipped to handle claims arising from these and other scenarios. We follow a structured approach that consists of building a strong case through gathering evidence, establishing liability, and calculating damages. Then, we pursue justice, either via negotiations with insurers or directly in court.
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Damages You Can Recover as Family of the Victim
In wrongful death cases, the nature of your loss determines the types of damages that you and your family can recover, which are meant to acknowledge the pain and disruption caused by the death of your loved one. Damages you can recover include:
Economic Damages
These cover tangible losses such as funeral and burial costs, medical expenses related to the deceased’s final illness or injury, and loss of the deceased’s expected earnings. This also includes benefits like health insurance that the deceased would have provided to their family.
Non-Economic Damages
These damages compensate for the intangible aspects of the loss, such as emotional distress, loss of companionship, care, and protection provided by the deceased, as well as pain and suffering the deceased endured before passing.
Punitive Damages
While not available in all cases, punitive damages can be awarded in instances of particularly egregious wrongdoing to punish the defendant and deter similar conduct in the future.
Loss of Consortium
This specifically addresses the impact on the relationship between the deceased and their spouse or family members, encompassing the loss of love, companionship, comfort, and guidance.
Evaluating and calculating these damages requires a thorough understanding of both the quantifiable and unquantifiable impacts of the death on the family. Our attorneys reconstruct the case and even consult with medical and financial experts when necessary to clearly understand the extent of the incident. This allows us to present the claim for damages effectively and ensure the compensation reflects the full extent of your loss.
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What is the Potential Amount of Compensation You Can Claim?
The potential amount of compensation in a wrongful death case varies greatly depending on the specifics of the case, including the circumstances of the death and the economic and emotional impact on the family. There is no cap on the amount of compensation you can pursue for wrongful death.
We invite you to share your story with us during a free initial consultation, where we can discuss real case results related to your situation to help set realistic expectations for your claim.
Statute of Limitations for Wrongful Death Claims
It’s critical to act promptly if you believe you have a wrongful death claim. In Virginia, the Virginia Code § 8.01-243 mandates that wrongful death claims must be filed within two years from the date of the deceased’s death. Filing after this period typically results in losing the right to recover compensation, as the claim will be barred by the statute of limitations.
Let Us Claim the Compensation You Need to Move Forward With Your Life – Contact a Wrongful Death Attorney in Fredericksburg
At Tronfeld West & Durrett, we strive to shoulder the legal burden, allowing you to focus on healing and moving forward.
Our attorneys in Fredericksburg are equipped to guide you through every step of the process, advocating for your rights and ensuring you secure the maximum compensation possible under Virginia’s law. Feel free to contact us today to schedule your free consultation.
Call or text 800-321-6741 or complete a Free Case Evaluation form