Charlottesville Wrongful Death Attorney

When someone dies as a result of the recklessness or carelessness of another, a wrongful death claim may arise. Under Virginia Code § 8.01-50, a wrongful death claim may exist if the act, neglect, or default of the responsible party was such that a personal injury claim would have been supported had the deceased person survived.

If you have lost a loved one through the negligence of another, no amount of money can compensate you for your loss, and talking with an attorney may be the last thing on your mind. Nevertheless, it is in your best interests to consult with an experienced lawyer. You can seek justice for your loved one by holding the negligent party accountable, and compensation in a wrongful death claim can offset the financial losses that go with the death of a family member.

Charlottesville & Harrisonburg Wrongful Death Lawyers

At the Kendall Law Firm, you will find a dedicated legal advocate who is approachable, experienced, thorough, effective, and compassionate. Our firm has helped thousands of injured victims recover compensation for their losses.

Our founding attorney, David B. Kendall, has been awarded membership in the Million Dollar Advocates Forum® because of his success on behalf of our clients.

David Kendall is a former Judge Advocate General with the U.S. Marines and has more than 25 years of experience in injury law. When you retain our firm, we will thoroughly investigate the accident or injuries that caused your loved one’s death and gather evidence to support your wrongful death claim. We will carefully assess the full extent of your losses and aggressively pursue the compensation you deserve.

Although the concept of wrongful death may seem straightforward, these claims can be complex and involved. You need a lawyer who is well-versed in injury matters with a history of success to represent you in this type of case. You can have confidence that your rights and interests will be protected when you are represented by our firm.

Contact us today if you think you may have a wrongful death claim and need legal help from an experienced:

• Charlottesville Attorney
• Winchester Attorney
• Harrisonburg Attorney

Causes of Wrongful Death Claims

Wrongful death can occur for a number of reasons in a wide range of circumstances. When the negligence or recklessness of any party results in someone else’s death, wrongful death has occurred. Common causes of wrongful death include:

• Car accidents: All drivers have a duty to operate their vehicles in a reasonably responsible manner to safeguard others on the roadways against injury or death. In addition to obeying traffic laws, drivers are responsible for adapting their driving to existing road and traffic conditions. When they fail to do so and cause accidents, wrongful death can result.
• Commercial trucking accidents: When a truck driver’s negligence or vehicle failure causes an 80,000 lb tractor-trailer to collide with a 3,000 lb passenger vehicle, the occupants of the passenger vehicle are often killed. The National Highway Traffic Safety Administration (NHTSA) reports that of the 3,964 people who died in traffic crashes involving large trucks in 2013, only 691 were truck occupants, while 2,834 were occupants of other vehicles.
• Pedestrian accidents: Pedestrians have no protection in a collision with a motor vehicle. When drivers are distracted, fatigued, drug impaired, alcohol impaired, speeding, disobeying traffic signals, failing to yield the right-of-way or otherwise negligent, wrongful death of pedestrians can result.
• Medical malpractice: Medical errors are a leading cause of death in the U.S. According to the Diederich Healthcare 2015 Medical Malpractice Payout Analysis, $3,891,743,050 was paid out in medical malpractice claims in 2014. Virginia was one of the states with $300 million or more in payouts. A full 30 percent of the medical malpractice payouts nationwide in 2014 were for injuries to patients that resulted in death.
• Product liability: Product manufacturers, distributors and retailers are accountable to consumers for the safety of their products. If a product is dangerous because of faulty design or defects in manufacturing, and adequate warning is not provided to consumers, responsible parties are liable for wrongful deaths caused by the product.

Damages in Wrongful Death Claims

In the state of Virginia, beneficiaries eligible to bring a wrongful death claim are described in § 8.01-53 of the Code of Virginia. The surviving spouse, parents, siblings and grandchildren of the deceased may bring a claim. If none exist, then the parents, siblings, and any relative who is a member of the deceased’s household and a dependent of the deceased may bring a claim. If none exist, then any surviving family member entitled to inherit the estate of the deceased under Virginia intestacy laws may bring a claim.

Damages in a wrongful death claim are to compensate surviving family members and the estate of the deceased for the losses they have suffered. Wrongful death damages may include:

• Lost wages and benefits, including those the deceased might reasonably have been expected to earn
• Medical expenses of the deceased’s final illness or injury
• Loss of care, comfort, guidance, companionship, society, advice, and kindly offices that would have been provided had the deceased lived
• Mental anguish and sorrow
• Punitive damages in some cases.

Contact the Experienced Attorneys at the Winchester Wrongful Death Law Firm

If you have lost a family member through the negligence of another, contact our firm for a free case consultation with no obligation. We will give you an honest evaluation of your claim, free of charge, with no strings attached. Our personal injury lawyers work on a contingency fee basis, which means that you pay us no fees until we recover compensation for you. With the Kendall Law Firm, you will have a legal advocate who is dedicated to a fair outcome for you and your family.

Sources:

• Virginia Code: Section 8.01-50
• Diederich Healthcare: 2015 Medical Malpractice Payout Analysis
• NHTSA: Traffic Safety Facts: 2013 Motor Vehicle Crashes: Overview
• Code of Virginia: Section 8.01-53