With over 50 years of legal practice in Virginia, our team at Tronfeld West & Durrett has built a reputation for thoroughness and dedication to the rights of wronged victims. We combine the expertise and resources needed to address complex wrongful death claims with a personalized approach that respects your emotional state and honors the memory of your loved one.
How our Norfolk Wrongful Death Attorneys Can Help
After a wrongful death, it’s easy to feel overwhelmed by the legal processes required to seek justice. However, our team of personal injury lawyers in Norfolk can guide you through every step, including:
- Conduct thorough investigations to establish the cause of death and identify those responsible.
- Develop tailored legal strategies to maximize potential compensation.
- Manage communications with insurance companies and other parties to relieve you of this burden during the mourning period.
- Represent you in court if settlement negotiations fail, advocating for your rights and defending your interests.
At Tronfeld West & Durrett, we understand the profound impact of losing a loved one due to wrongful circumstances, and we’re dedicated to supporting you by handling all the demanding legal aspects of your case.
For answers to your questions with a wrongful death serving Norfolk, call:
800-321-6741
When Can a Death Be Considered Wrongful?
When a death is caused by the negligent, reckless, or intentional actions of another party, it’s considered wrongful. This includes situations where the deceased would have pursued a personal injury lawsuit if they survived, such as:
Medical Malpractice
When a healthcare provider’s negligence, like misdiagnosis, surgical errors, or medication mistakes, results in a patient’s death, you have a medical malpractice case and the grounds to file a wrongful death claim.
Motor Vehicle Accidents
Deaths caused by car accidents, truck accidents, motorcycle accidents or other motor vehicles due to driver negligence (including reckless driving, DUI, or other negligent acts) often qualify for wrongful death claims.
Premises Liability
In a premises liability case, if a property owner’s failure to maintain safe conditions on their premises leads to a fatal accident (such as a slip and fall or a drowning), you have grounds for a wrongful death lawsuit.
Product Liability
Defective or dangerous products that cause a person’s death can result in a wrongful death claim against the manufacturer, distributor, or seller.
Workplace Accidents
Work-related deaths, especially in high-risk industries with unsafe working conditions, faulty equipment, or employer negligence can also be grounds for wrongful death claims.
Criminal Acts
Criminal acts that lead to death, such as assault or homicide, are considered wrongful deaths and necessitate serious legal proceedings. These actions are pursued in criminal court by the state or local jurisdiction to seek justice and penalize the wrongdoer. Simultaneously, families of the victim can file civil wrongful death claims to seek monetary damages for their losses.
Who Is Entitled to File a Wrongful Death Lawsuit?
If the circumstances indicate that another party’s unlawful or negligent behavior directly led to the death, the surviving family members have grounds to file a wrongful death lawsuit.
According to Virginia Code § 8.01-50, wrongful death claims can be initiated by the representative of the deceased’s estate on behalf of the affected family members. This representative acts on behalf of the surviving family members, identified as “statutory beneficiaries” under Virginia law. These typically include:
- Spouses and children
- Parents, in cases where there are no spouses or children
- Siblings and other dependents, if there are no parents, spouse, or children
Understanding how a wrongful death claim works is crucial to pursuing compensation to ensure those left behind receive the support they need to continue their lives. Our attorneys can outline the whole process for you and strategize the best way to address the claim with the respect your family deserves.
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Potential Claims for the Family of the Deceased
Throughout the years, we have assisted clients across a variety of cases. Each case was initiated by the tragic loss of a loved one and propelled by the pursuit of justice. Our commitment to each client is driven by our passion to bring peace to the grieving and bring the responsible parties to account, and calculating the damages involved is an important step in the process.
The family of the deceased can claim various types of damages after a wrongful death, including:
Economic Damages
These damages are quantifiable and cover all financial losses resulting from the death, including the medical expenses incurred during the deceased’s final illness or injury, costs associated with funeral and burial services, and the loss of future earnings and benefits the deceased would have contributed to their family.
Non-Economic Damages
These damages are intangible and relate to the emotional impact of the loss of a loved one. They cover the loss of companionship, care, and guidance provided by the deceased, as well as compensation for the pain and suffering, sorrow, and mental anguish suffered by family members.
Punitive Damages
Unlike economic and non-economic damages, which aim to compensate the family, punitive damages are intended to punish the defendant for their misconduct when the actions that caused the death were willful, malicious, or demonstrated a reckless disregard for the safety of others.
Loss of Consortium
This damage is specifically for the surviving spouse and covers the loss of the marital benefits due to the death of their partner, such as the deceased’s love, care, and affection.
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Contact a Wrongful Death Attorney to Get Expert Advice in Norfolk – We’re Big Enough to Handle Any Case
Pursuing legal action to recover compensation from the loss of a loved one is a road fraught with challenges, but you don’t have to face it alone. At Tronfeld West & Durrett, we use a comprehensive approach to strategize the best way to address the claim, build a strong case, and defend your family’s interests. You can see the outcomes of similar cases by exploring our case results.
If you’ve lost a loved one due to another party’s negligence or wrongful actions, don’t hesitate to contact us for a free consultation. Our experienced wrongful death lawyers in Norfolk are ready to help you find justice and closure.
Call or text 800-321-6741 or complete a Free Case Evaluation form