Under Virginia Law , a wrongful death is caused by the neglect, wrongdoing, or misconduct of another person or business. If your loved one died as a result of someone else’s carelessness, disregard for safety and intentional misconduct, no amount of money can take away your pain. But filing a wrongful death claim, if appropriate, can help you cope financially after the loss of a loved one.
A compassionate and experienced Winchester wrongful death lawyer at Kendall Law Firm can review the circumstances of your loved one’s death and discuss whether filing a wrongful death lawsuit is in order. You may have a right to demand compensation for the mental and emotional distress accompanying the death of a family member. In our experience, a wrongful death settlement can help a family reach a sense of closure.
The compassionate and experienced lawyer of Kendall Law Firm is committed to helping families in Winchester and across the Shenandoah Valley seek justice if they’ve lost a loved one due to others’ negligence. Due to the two-year wrongful death statute of limitations, it is essential to contact an attorney as soon as possible following an accident resulting in the death of a loved one.
Call us at (866) 590-9773 to schedule a free consultation with us today.
Wrongful death cases can be highly complex. Proving negligence is crucial to achieving a successful outcome of any wrongful death suit. An experienced attorney is needed to gather evidence and hire the necessary expert witnesses to prove liability of the party at fault.
Failing to consult with an attorney after the death of a family member can leave you in the dark about your legal rights and cause unnecessary financial stress. Hiring an attorney can relieve the burden of having to deal with insurance companies on your own. An experienced attorney will have an informed perspective on the amount of insurance settlement you might expect to receive and whether the insurance company is being reasonable.
A wrongful death can happen as a result of any of a number of negligent acts.
The possibility for a valid wrongful death claim exists anytime an individual’s death is the result of someone else’s negligence or recklessness.
A wrongful death claim must be brought by a statutory beneficiary, which is generally a surviving spouse or close relative who was dependent on the decedent before his or her death. Virginia’s civil law provides that any wrongful death action must be brought within two years of the date of death. Otherwise, the wrongful death claim is barred by the statute of limitations.
The Virginia code provides that a surviving spouse or close relative can bring suit for the wrongful death of a loved one. Specifically, this means that the surviving spouse, children, and grandchildren of the deceased may bring a claim.
If one of these classes of beneficiaries does not exist, then the parents, siblings, or any other dependent in the same household as the deceased can file a wrongful death claim. A relative includes those people related to the decedent by blood, marriage, and adoption (including stepchildren).
Finally, where no beneficiary in these categories exists, a wrongful death claim may be brought by any person who would receive the decedent’s property under Virginia law. Virginia law outlines the rules for distributing the deceased person’s estate if the person dies without having a valid will.
While damages for the pain and suffering experienced by the deceased are not allowed under wrongful death laws, other compensation may be awarded a deceased individual’s qualified beneficiaries.
It is important to work with an experienced attorney who knows how to estimate the damages to which a beneficiary is entitled. Economic factors, such as inflation, must be taken into consideration when calculating damages, often requiring the knowledge of an economic professional.
Attorney David Kendall began his career working for the Judge Advocate General Corps for the United States Marine Corps, which allowed him to gain valuable experience advocating in the courtroom. Later, he represented sick and wounded veterans who were suffering from service-related injuries and helped them to secure compensation from Physical Evaluation Boards. Those experiences allow him to provide compassionate yet aggressive representation to clients who turn to him for help after a tragedy.
With an office in Winchester, the Kendall Law Firm has more than 25 years of experience in personal injury and wrongful death. Our firm operates with the goal of helping clients obtain the highest amount in recovery so that you and your loved ones can begin to rebuild your lives following a tragic loss.
After the death of a loved one, you need time to grieve. We know the last thing you want to do is complicate matters with a lawsuit, but your loved one deserves justice. Our legal team will handle all the details, taking the weight off your shoulders and letting you concentrate on moving forward.
We know that good communication is essential to a satisfactory client experience. We pride ourselves on making sure our clients are always up to date on the details of our case.
If you’ve lost a loved one in Winchester or the surrounding areas as a result of the negligence of another person, contact our Winchester wrongful death legal team today. Because of the limited amount of time available to bring a wrongful death claim in Virginia, you should contact our firm as soon as possible.
We offer a free consultation with no strings attached. We handle wrongful death cases on a contingency fee basis, so no legal fee is owed unless we recover compensation for you.
Contact us online or call (866) 590-9773 today to schedule your free consultation with our Winchester wrongful death attorney.