First and foremost, if you found this article because you have lost a loved one and you are searching for answers, we are incredibly sorry for your loss. The death of a loved one can be a jarring experience, especially when it is caused by the negligence of another person or corporation. When you are grieving, the last thing you need to do is to shoulder the burden of legal proceedings after an injustice has occurred.
In this article, we break down what to expect in a wrongful death case, and answer some frequently asked questions. Our goal is help you understand and navigate the process so you can focus on what is important: healing.
What is a wrongful death case?
If you have lost a loved one due to the negligent, reckless, or intentional acts of another person or corporation, you can file a wrongful death claim against the person or corporation. This legal action can be taken by family members of the person who passed away, including:
- A spouse
- Children
- Grandchildren
- Parents, and
- Siblings
Under Virginia law, more distant relatives such as aunts, uncles, and cousins do not have a right to file a wrongful death claim unless there are no surviving family members such as the ones listed above. If a dispute arises among family members as to who should file a claim, the courts usually resolve the matter.
From drunk driving accidents to medical malpractice, there are many ways that negligence can cause the loss of life. Wrongful death lawsuits encompass all situations which led to the unfortunate event. Wrongful death claims allow family members to seek compensation for the financial and emotional impact of their loss.
How long do I have to file a wrongful death lawsuit?
In Virginia, there is a two-year statute of limitations for filing a wrongful death lawsuit. Those who have lost a loved one have two years from the date of the decedent’s death to file a claim.
If you believe a loved one’s death was caused by the negligence of another person or entity, you should seek legal advice as soon as possible. Often, the responsible party will start to investigate immediately so that valuable evidence is not lost.
What kind of compensation can I receive for a wrongful death case?
There are various forms of compensation you may receive, depending on the circumstances. Compensation is also referred to as “damages,” and can cover things such as:
- The funeral and burial costs
- Medical expenses that the decedent incurred while getting treatment for their fatal injuries or illness
- The loss of income and financial support that the deceased family member would have provided
- The loss of services, care, and assistance the deceased loved one would have provided in their lifetime
- Emotional pain, suffering, and anguish associated with the loss of a loved one, which can cover the cost of therapy and other treatments
Do I need a lawyer to file a wrongful death claim?
You are not legally required to partner with a lawyer to file a wrongful death claim. But, having legal representation comes with crucial benefits. These include:
- A focus on healing: Legal documents and proceedings can be complicated, pulling grieving people away from the healing process. Having an attorney by your side to help navigate legal nuances allows you to focus on the grieving process with your loved ones.
- Negotiating with insurance companies: By nature, insurance companies are for-profit and seek to protect their bottom line. To do this, they attempt to make cases go away quickly by offering a cash settlement. While an immediate lump sum of money may seem attractive, they often undercut your actual losses, and make an offer far below a fair amount.
- Investigation and evidence-gathering: One thing that makes Allen & Allen stand apart is our in-house Investigations team, comprised of former law enforcement officers. They collect evidence, interview witnesses, and work to build up a strong case against the responsible party.
- Medical experts: Our firm also relies on our team of medical experts, with whom we consult on certain cases. They analyze medical records and do in-depth research to uncover any possible nuances.
- Representation in court: We understand that many clients wish to avoid a trial, and we make every attempt to obtain a fair settlement on your behalf. However, there are circumstances in which an insurance company will not budge, making trial necessary. In this scenario, having a skilled attorney by your side is vital in the courtroom. We can argue legal points, cross-examine witnesses, and expertly present evidence.
- Help through the red tape: Wrongful death claims involve complex paperwork, deadlines, and specific documentation. Lawyers and legal staff can help gather and organize everything needed for the claim.
How long does it take to settle a wrongful death case?
There are many factors that determine how long a wrongful death case may take to resolve. These factors include:
- Case complexity: There could be multiple defendants in a case, which makes the proceedings more complex. For example, a tractor-trailer accident may involve multiple liable parties, such as a negligent driver, a trucking company that doesn’t adhere to best practices, and a faulty truck parts manufacturer that resulted in a malfunction.
- Negotiations: Insurance companies may be difficult to deal with, as they benefit from causing delays to settlements. They can shift blame or make low-ball offers.
- Trial: If the settlement offer is insufficient and the case gets slated for trial, you can expect a longer timeline.
What if I can’t afford a lawyer for my wrongful death case?
Unlike other types of law practice, Allen & Allen works on a contingency fee basis. This means that clients do not pay a retainer fee or get charged hourly by attorneys. Our firm charges nothing upfront for your case, and only accepts a fee if we recover compensation for your loss. A typical contingency fee in a wrongful death case is 1/3rd of the total settlement amount.
When you are suffering from a life-shattering loss, taking on a wrongful death lawsuit can be overwhelming. Here at Allen & Allen, we take the legal burden off of our clients so they can focus on grieving, and the healing process. If you have lost a loved one due to the negligence or recklessness of another person or party, you may be entitled to compensation. For a free and confidential case evaluation, call the compassionate wrongful death attorneys at Allen & Allen today, at 866-388-1307. We are here to help.
