Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. During such challenging times, seeking justice and holding the responsible parties accountable may be the last thing on your mind. However, working with the right Roanoke wrongful death lawyer is crucial to ensure that your legal rights are protected, and you receive the information you need and compensation you deserve. At Monge & Associates, we understand the pain and grief you are going through, and we are here to help you every step of the way.
Roanoke Wrongful Death Resources
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What is a Wrongful Death Action?
Common Causes of Wrongful Death
Damages Available in a Wrongful Death Lawsuit
Who Can Recover Compensation After a Wrongful Death?
Why You Need a Wrongful Death Attorney
Fees & Costs of Hiring a Lawyer
Choosing the Right Attorney
Statute of Limitations for Wrongful Death in Virginia
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What is a Wrongful Death Action?
When someone, including a loved one, dies as the result of negligence or an act of intentional wrongdoing, the legal process is a little different from in other personal injury cases. A wrongful death claim may be brought by the immediate family members of the deceased or the executor or administrator of the estate of the deceased. The purpose of a wrongful death action is for death compensation – to shift the financial burden associated with the victim’s death from the victim’s family and estate to the party or parties responsible for your loved ones death.
What Are Common Causes of Wrongful Death in Virginia?
Wrongful death can occur as a result of various circumstances. Some common causes of wrongful death in Virginia include:
- Medical Malpractice: Negligent actions or omissions by healthcare professionals that lead to fatal consequences.
- Truck and Car Accident: A fatal car accident caused by reckless driving, drunk driving, or other forms of negligence on the road.
- Industrial or Construction Site Accidents: Fatal incidents due to unsafe working conditions or equipment failures.
- Slip and Falls: Fatal falls caused by hazardous conditions on someone else’s property. If you have been in a slip and fall accident, don’t hesitate to contact our Roanoke slip and fall lawyer today.
- Defective Products: Fatal injuries caused by dangerous or defective products.
- Exposure to Toxicity: Fatal illnesses resulting from exposure to hazardous substances.
- Nursing Home Abuse or Neglect: Negligence or mistreatment in nursing homes leading to a resident’s death.
Our Roanoke death lawyers may be able to help you create a wrongful death claim and provide assistance with your death settlement for any of the circumstances listed above.
What Damages Are Available in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, survivors or the estate of the deceased can be awarded compensation, known as damages, for the losses they’ve suffered due to the death. In Virginia, these damages encompass a range of financial and emotional hardships, such as the following:
- Sorrow and mental anguish resulting from the loss
- The loss of comfort, guidance, companionship, society, and advice that the deceased provided to his or her loved ones
- The potential income the deceased would have earned, including both wages and benefits, had he or she remained alive
- The loss of services, protection, care, and assistance the deceased offered
- Medical bills arising from the deceased’s final illness or injury
- Funeral and burial expenses that are deemed reasonable
Who Can Recover Compensation After a Virginia Wrongful Death?
Virginia’s legal system provides a structured approach to determining who can file a wrongful death claim, and who can recover compensation from the resulting settlement. Although the personal representative of the deceased’s estate files the lawsuit, the damages are distributed to the surviving family members in the following order:
- The immediate family members, such as the spouse, children, and occasionally grandchildren, have the primary right to recover from the claim.
- In cases where the deceased was unmarried and childless, the parents, siblings, or any relative who depended on and cohabited with the deceased can seek compensation.
- If the deceased had neither children nor grandchildren but was married, both the spouse and parents are entitled to damages.
- If there are no immediate family members alive, then Virginia’s state law will indicate the next kin eligible to claim for wrongful death.
Why You Need a Wrongful Death Attorney on Your Side
Facing the aftermath of a loved one’s untimely death can be overwhelming. Amid grief, navigating the legal intricacies of a wrongful death claim can be especially challenging.
In these situations, enlisting the help of a wrongful death attorney can be incredibly beneficial. An attorney from Monge & Associates can support your case in several ways, such as:
- Expert Guidance: Attorneys are equipped with knowledge about state laws, case precedents, and the intricacies of wrongful death claims. They can advise you on the best course of action for your case.
- Evidence Collection: An attorney can comprehensively gather, analyze, and present evidence that bolsters your case, be it medical records, witness testimonies, or expert opinions.
- Negotiation Skills: Many wrongful death cases are settled out of court. An attorney can negotiate with opposing parties, fighting for a fair settlement and protecting your interests.
- Court Representation: If your case goes to trial, an attorney will represent your interests, present your case compellingly, and counter any arguments raised by the opposition.
Fees and Costs of Hiring a Virginia Wrongful Death Lawyer
We understand that financial concerns may arise during this difficult time. That’s why we offer our legal services on a contingency fee basis. You won’t have to worry about upfront costs or attorney fees. We only get paid if our Roanoke personal injury attorney wins your case, either through a settlement or a court verdict. Our focus is on fighting for justice and helping you seek the compensation you deserve, without adding additional financial burden to your plate.
Choosing The Right Roanoke Wrongful Death Lawyer
Selecting a Roanoke wrongful death lawyer to help with your death claim is a significant decision. You need an attorney with experience, knowledge, and a proven track record of success in handling wrongful death cases. At Monge & Associates, we have recovered millions of dollars in compensation for our clients, and our results-driven approach speaks for itself. We are committed to fighting passionately for justice on behalf of your loved one and your family.
What Is the Statute of Limitations for Wrongful Death in Virginia?
Every legal claim has a timeframe within which it must be initiated, defined by the statute of limitations. For wrongful death claims in Virginia, the personal representative of the deceased has two years from the date of death to file the lawsuit.
Missing this deadline could lead to the court dismissing the case, regardless of its merits. If you believe that you are eligible for a wrongful death claim, it is important to consult with an attorney as soon as possible to ensure that you don’t miss the deadline.
Reach Out to A Roanoke Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence or wrongful actions, don’t hesitate to seek legal help and information. Contact the Roanoke wrongful death attorneys at Monge & Associates today. We offer a free consultation to discuss your case, explain your rights, and provide you with the support and guidance you need during this difficult time. Remember, we are here to fight for the justice and compensation your family deserves. Call us today at 888-477-0597.