In the event a person dies in the Commonwealth of Virginia as the result of wrongful conduct, such as an intentional or negligent act, there may be a wrongful death claim against the person at fault. The law governing wrongful death suits is Va. Code § 8.01-50. Wrongful death can occur in almost any conceivable circumstance of wrongful conduct, from automobile accidents to advanced infection caused by a surgical sponge left during an invasive procedure.
Nothing can replace your loved one. Knowing of the pain and hurt that your loved one went though can never be measured nor experienced.
Even though things can never be back to how things once were, the Virginia legislature has allowed parties proceeding in a wrongful death lawsuit to seek compensation for:
- Sorrow, mental anguish, and other intangible traits of the decedent;
- Lost income of the decedent along with the "services, protection, care and assistance" provided by the decedent;
- Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;
- Funeral expenses; and
- In some cases, punitive damages, to punish the guilty party that caused the harm.
Unfortunately, the Commonwealth of Virginia doesn't permit a victim of a wrongful death to have another file a claim on their behalf. There are small nuances in this rule, though. However, surviving family members may be able to file a claim for their own damages.
As with other personal injury matters, certain time limits to pursue your claim apply.
Wrongful Death Lawyer serving Winchester, Leesburg, and Fairfax
At Correll Law Firm, PLC, personal injury lawyer Beau Correlland his staff has the ability to take the time, skill, and effort to evaluate the strengths and weaknesses of your claim and fight to seek justice for your loved one and family. Our law firm, located in Winchester and serving all of Northern Virginia, has a proven track record in representing clients that desire to be made whole again.
Beau Correll is a former prosecutor, member of the Virginia Trial Lawyer's Association, and has established experience as an injury lawyer. Our law firm's expertise is similiar to those of other personal injury lawyers and includes an added emphasis on automobile accidents. His advocacy for the causes he has fought for has earned him both national and regional media recognition, both for battles in court and upon matters of public concern.
Wrongful death cases are not the easy. In addition to not having the benefit of the most desirable witness in a case - the deceased - the cases require an extensive amount of preparation, fact-gathering, and legal research to advance the matter to a favorable resolution. As can be easily understood, the party at fault will likely try their best to make sure potentially viable claims are denied.
Take a moment to reach out to us today if you want to go over a potential wrongful death lawsuit.
We can take a case anywhere in the Commonwealth of Virginia and typically can assume the roles of a:
When it comes to wrongful death lawsuits, there are typically several main types that frequently occur (although there are others):
- Automobile Collision.
- Commercial Vehicle Collision
- Personal Injury.
- Workplace Accident
- Medical Malpractice
- Nursing Home Neglect
It costs you nothing, except for your time, to have us evaluate your potential personal injury lawsuit such as whether you have a wrongful death suit. We'd encourage you to give us the details of what occurred so that we can reach out to you and schedule a consultation. Keep in mind that wrongful death claims, just like other types of personal injury claims, have strict time limits.
To work with your schedule, we are receptive to arrange weekend and evening consultations, availability permitting.
Think You Have A Case?
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