Few situations in life can be as stressful, painful, and unfair as dealing with the wrongful death of a loved one. Avoidable tragedies are often even more heart-rending. A wrongful death happens when somebody else’s malicious or negligent behavior causes a situation that leads to somebody’s death. In the aftermath of a wrongful death, the victim’s family can seek compensatory damages with the aid of a Fredericksburg, VA wrongful death lawyer.
Enlisting a Fredericksburg personal injury lawyer to advocate for you while you focus on grieving and managing your loved one’s affairs may be the most important decision you make throughout this entire process. Dealing with such tragedy on your own may not be the healthiest approach. Therefore, it can be critical to have someone on your side who understands what needs to be done and can offer you objective guidance. This can only improve your chances of success as you take the time you need to process what happened.
No amount of money can ever replace your loved one or make this whole situation right, but pursuing legal action against the responsible party and holding them accountable for what happened in civil court may be a good way to start your healing process and provide a sense of closure. A wrongful death claim is basically a personal injury case filed on behalf of the deceased, with the intention being to recoup the damages they would’ve filed for, had they survived.
Wrongful death claims are civil claims, not criminal proceedings. Nobody is going to end up going to prison for your loved one’s murder or manslaughter. That’s not the goal here. The goal here is accountability, compensation, and closure.
If you decide to pursue legal action against the responsible party, it is vital that you adhere to Virginia’s statute of limitations for a wrongful death claim, which is two years.
You will have two years from the date of the wrongful death to:
If your claim cannot be filed before two years have passed, there is a good chance that your case will be summarily dismissed. That means your chance to pursue compensatory damages will be denied before you can pursue any legal action.
Building a strong wrongful death claim can take some time, so it is important that you get started quickly. If you are concerned that your case may not be strong enough, a wrongful death lawyer can evaluate your evidence to see if it is sufficient to prove your claim. If it is not, they can conduct their own investigation to find enough evidence to build a compelling case.
It can be difficult to prove exactly who was at fault for the wrongful death and what they did. In some cases, it’s painfully obvious. In other cases, persistent investigation is required to uncover the truth of the matter. To prove that the cause of your loved one’s death was negligence, you will need to establish the elements of negligence, some of which may include:
A: It can be a considerably complex process to calculate damages in a wrongful death case in Fredericksburg, VA. Many important factors have to be considered. Sometimes, a forensic economist may even be called in to place a dollar amount on the victim’s life value, which is no easy process. You have to consider the victim’s age, profession, education, net worth, and even their insurance plan. Even then, the number may be adjusted due to inflation or other factors.
A: There are many different reasons why you should consider hiring a wrongful death lawyer. To start, your lawyer can make sure you don’t miss any vital filing deadlines for the paperwork you will have to file. Most importantly, your lawyer can take control of your case in an objective manner, allowing you more time to grieve and focus on healing from this tragedy. It’s always good to have someone helping you figure things out.
A: How long it might take for your wrongful death case to be settled depends on its defining factors. Each case is going to be different, with its own set of circumstances that make each situation unique. There is a good chance the case will take a long time, especially if it is particularly complex or there are jurisdictional questions. Each case takes as long as it needs to take.
A: It is recommended that you reach out and secure a wrongful death lawyer as soon as you can. The insurance company you may be battling here will have reached out to their lawyers as soon as they learned of your loved one’s death. The last thing you want is to be left unprepared because you waited too long to retain legal assistance.
One of the worst things about a wrongful death is never knowing when it could happen. It’s almost impossible to prepare for it. Dealing with the fallout of a sudden, painful situation can be frustrating and hard to handle, especially on your own. Retaining the services of an experienced wrongful death lawyer can make all the difference.
The legal team at Whitlock Law, LLC, knows the most effective ways to deal with this particularly tragic situation. We can secure a strong case, gather the evidence you need, and protect your interests from any insurance companies. Contact us to schedule a consultation with a valued team member as soon as you can.
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