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While no amount of money can truly make up for the untimely death of a loved one, a wrongful death claim could help you pay for expenses related to your loss and provide a measure of justice for the deceased. If you face medical bills, funeral and burial expenses, and other costs from losing a close family member in Harrisonburg, a wrongful death claim against the party at fault for the fatal accident is likely your best option for recovering the money you need.
The Harrisonburg wrongful death attorneys at Marks & Harrison have more than a century of experience helping people in Virginia seek compensation through wrongful death claims. We understand that you and your family need time to grieve, so we will take care of all the legal work in your case. Our Harrisonburg wrongful death lawyers have a record of obtaining significant results for our deserving clients.
You have limited time to take action after a family member’s wrongful death, so don’t hesitate to contact our office today for a free and confidential initial consultation. Many families find comfort and closure through taking legal action on behalf of the deceased.
What Is a Wrongful Death?
According to Virginia law, a wrongful death is any death caused by the neglect, wrongful act, or default of any person or corporation. If someone dies due to another party’s actions or failure to act, the individual’s survivors may have a right to file a wrongful death claim under Virginia law.
Individuals, businesses, and other entities can be liable for wrongful deaths – some cases may involve multiple defendants. A wrongful death does not necessarily involve criminal charges, though a criminal act can serve as the basis for a wrongful death claim. A wrongful death lawsuit is a civil matter that is separate from any criminal charges related to the death.
What Are Some Accidents That Can Result in a Wrongful Death Claim?
Some of the most common types of accidents in Harrisonburg that lead to wrongful death claims include:
- Car accidents
- Motorcycle accidents
- Tractor-trailer and other truck crashes
- Bicycle accidents
- Pedestrian accidents
- Lyft or Uber accidents
- Slip-and-fall accidents
- Other property-related accidents
- Dog bites
- Boating accidents
- Defective medical devices or other defective products
- Dangerous drugs
- Nursing home neglect or abuse
How Do You Prove Wrongful Death?
To win a wrongful death case, a plaintiff must show the defendant’s actions or failure to act led to the death. The defendant may not have committed a crime, but they may have caused the wrongful death through their negligent actions or failure to take reasonable steps to prevent harm to the victim.
Some types of evidence that wrongful death lawyers often use in these cases include:
- Information from police reports
- Eyewitness accounts
- Expert testimony
- Medical records
- Hospital records
- Photos from the accident scene
- Surveillance, traffic camera, or other videos
- Forensic accident investigations
Who Can File a Wrongful Death Lawsuit in Harrisonburg, Virginia?
Virginia law is clear that only the personal representative of the decedent’s estate can file a wrongful death claim. Personal representatives are typically named in the decedent’s will or other estate-planning documents. If the decedent did not choose a personal representative or died without a will, the court can appoint someone to fill that role.
The decedent’s personal representative can bring a wrongful death claim on behalf of the decedent’s eligible surviving family. The family members who are entitled to recover damages are “statutory beneficiaries.” These beneficiaries may include the victim’s surviving:
- Spouse
- Children (or the children of a deceased child)
- Parents
- Brothers and sisters
- Any other relative who was dependent on the victim for support and services and a member of the same household (including a relative by blood, marriage, or adoption)
If a victim left behind no surviving family members, then the right to bring a wrongful death claim would belong to those allowed to inherit the victim’s estate under Virginia’s intestacy laws.
The laws regarding compensation in wrongful death cases can be complex, so it’s best to speak to an attorney to find out what rights you may have.
Are Damages Available for a Wrongful Death Lawsuit?
The Code of Virginia specifies what compensation plaintiffs can recover in wrongful death cases. Beneficiaries may receive money for the following:
- Loss of the decedent’s income, services, protection, care, and assistance
- Mental anguish, sorrow, and solace, which may include the decedent’s society, companionship, comfort, guidance, kindly offices, and advice
- Medical expenses for the care, treatment, and hospitalization of the decedent for the fatal injury
- Reasonable funeral expenses
- Punitive damages if the defendant’s conduct was willful or wanton or if the defendant’s conduct showed a conscious disregard for others’ safety
The Harrisonburg wrongful death attorneys at Marks & Harrison are ready to review your situation, analyze the evidence, and work with medical and financial experts to calculate the proper amount of wrongful death damages that should be sought in your case. Talk to our wrongful death attorneys if you have further questions about what you could recover in your wrongful death case.
How Long Do I Have to File a Wrongful Death Lawsuit?
Virginia law gives you just two years from the date of your loved one’s death to file a wrongful death lawsuit in Harrisonburg. If you miss the statutory two-year deadline, the court will most likely dismiss your case, and you will lose your chance to seek compensation in civil court.
To avoid issues with the statute of limitations, get in touch with our Harrisonburg wrongful death lawyers as soon as possible. Getting an earlier start will also allow our lawyers to investigate the accident before evidence disappears and witnesses’ memories fade.
Contact a Harrisonburg Wrongful Death Lawyer
If you are mourning the untimely and unfair death of your loved one, you need compassionate, effective legal representation. Our Harrisonburg wrongful death lawyers can handle your case while you and your family focus on grieving. You deserve accountability and fair compensation for your family member’s wrongful death.
Call Marks & Harrison today or visit our contact page for a free consultation.
