Glen Allen, VA Wrongful Death Lawyer

Glen Allen, VA Wrongful Death Attorney

Few situations in life can be more painful and confusing than a wrongful death. A wrongful death situation happens when a loved one is killed as a result of somebody else’s negligent, malicious, or illegal behavior. Such tragedies can be difficult to overcome, if ever. In the aftermath of a wrongful death, the deceased’s loved ones may have the opportunity to pursue damages from the negligent party. Contact a Glen Allen wrongful death lawyer to learn more.

Retaining the services of a Glen Allen personal injury lawyer to handle what is sure to be a difficult, painful, and emotional process may be the most important decision you can make for your case. It can be overwhelming to manage these situations by yourself. Having someone in your corner who understands what to do and can provide objective assistance can only improve your case and your chances of success.

Understanding Wrongful Death in Glen Allen, VA

There is no amount of money that can ever fix a wrongful death, particularly one that is so avoidable. Pursuing legal action against the negligent party can be a good way to achieve a sense of closure, if only for yourself. A wrongful death is essentially a personal injury claim on behalf of the victim, who likely would have pursued a personal injury claim against the responsible party had they lived to do so. Since they cannot, their family has to do it for them.

Wrongful death claims are handled in civil court as opposed to criminal court. The intent is not to send someone to jail or prison for what they have done. The goal is to hold them accountable for their actions in a court of law and make them pay you compensation for the wrongs they have done to you and your family.

Statute of Limitations

Should you wish to pursue legal action against the responsible party, it is important to remember the statute of limitations for a wrongful death claim in Virginia, which is two years.

The state will allow you two years to:

• Establish grounds for your claim.
• Build up a substantial case.
• Gather the evidence you need.
• Consult a wrongful death lawyer.
• File a claim for compensatory damages.

Be sure to file your claim in a timely manner, or you might not be allowed to file one at all.

If you fail to file your claim before two years have passed, there is a decent chance that it will be dismissed, and your opportunity to seek damages will end with no legal action. It can take a lot of time to build a strong wrongful death case, so you may want to consult a wrongful death lawyer and see what they can do to improve it.

Proving Negligence in a Wrongful Death Claim

Proving who exactly was at fault in a wrongful death case can be difficult sometimes. In some cases, it is obvious who is responsible for causing the incident. Other times, it might not be so simple. To prove that negligence was the root cause of your loved one’s death, you will need to establish the elements of negligence, some of which include:

• The defendant’s actions were clearly negligent at the time of the incident.
• That negligent behavior directly led to the victim’s wrongful death.
• The outcome of the incident was unavoidable at that point, and the victim would not have died if the defendant had not exhibited negligent actions.

Glen Allen Wrongful Death FAQs

Q: Who Can Make a Claim for Wrongful Death in Glen Allen?

A: In Glen Allen, VA, the only person who can make a wrongful death claim is the personal representative of the deceased’s estate. Who the personal representative is varies from case to case. This person is usually appointed by the will or the state. Generally, the surviving spouse is given first priority. If there is no spouse, the surviving children are then given the right of claim. If there are no children, the victim’s parents, siblings, and dependent relatives would be considered.

Q: What Is the Difference Between Wrongful Death and Negligence?

A: The main difference between wrongful death and negligence is the outcome. A wrongful death occurs when somebody dies as a result of somebody else’s negligent or malicious behavior. Negligence is simply poor behavior and judgment that results in a bad situation. Negligence can cause a car accident, a manufacturing defect, a slip and fall, and even a wrongful death. Negligence is an element of a wrongful death case, not a case itself.

Q: What Is the Difference Between Wrongful Death and Survival Action in Glen Allen?

A: The primary difference between wrongful death and survival action in Glen Allen is why each party is being compensated. In a wrongful death case, the surviving family members are seeking compensation for their losses after a loved one’s avoidable death. In a survival action, the victim’s representative seeks compensation for damages that the victim could have recovered had they survived.

Q: Is There a Cap on Wrongful Death Damages in Glen Allen?

A: No, there is no cap on wrongful death damages in Glen Allen. There is no maximum amount that can be reached in a wrongful death claim apart from punitive damages, which do have a substantial cap. You can pursue any amount in damages that you feel accurately represents what you have been through and what you feel you deserve.

Reach Out to a Wrongful Death Lawyer Today

Dealing with the fallout of a wrongful death can be one of the most frustrating and painful situations to deal with, especially if you are trying to do so on your own. An experienced wrongful death lawyer can manage your claim and keep you from being taken advantage of during this vulnerable time. Having someone on your side might help you feel better about your chances.

Whitlock Law, LLC, knows the kind of assistance you will need to see this through on your own terms. We can develop your case, gather the necessary evidence, and protect your interests throughout this ordeal. Contact us to schedule a consultation today.