Losing a loved one is difficult for families. When the loss could have been avoided but for another party’s negligence, anger and frustration are added to the grief.
Legally, wrongful death occurs when someone’s negligence or intentional act causes another person’s death. You may have lost your loved one in a drunk driving collision, due to medical malpractice or misdiagnosis, or in a dangerous premises liability accident. In circumstances like these, you might have grounds to seek compensation from the party that caused the accident.
To learn more, contact a skilled Arlington wrongful death lawyer from Marks & Harrison today for a free consultation.
What Is a Wrongful Death?
Va. Code § 8.01-50 defines a wrongful death as one in which the victim would have been able to bring a personal injury lawsuit against a person, business, or other entity responsible for their injury had they lived. A wrongful death is more than just a tragic accident. It’s the direct result of another party’s negligence and disregard for the safety of others.
What Are Some Common Causes of Wrongful Death in Arlington?
Some of the most common types of wrongful death cases the attorneys at Marks & Harrison handle include:
- Car wrecks – According to the Virginia Department of Motor Vehicles (DMV), there were over 1,000 people killed in Virginia motor vehicle accidents in one recent year. Driving under the influence of alcohol or drugs, texting and driving, or drowsy driving may all be considered negligence.
- Medical malpractice or misdiagnosis – A doctor or other healthcare professional who fails to provide the appropriate standard of care for their patient may have committed malpractice. This may include delayed diagnosis or misdiagnosis, a surgical error, or giving the wrong medication.
- Bicycle and pedestrian accidents – Pedestrians and cyclists have the same rights and expectations of safety as other vehicles on the road. They also lack much of the protection passengers in a car or truck have. In a collision, they can sustain fatal injuries.
- Boating accidents – The Atlantic coast and waterways around Arlington are popular for boaters. But carelessness when steering a boat or boating under the influence could cause an accidental drowning or other fatal incident.
- Defective consumer product – A contaminated batch of processed food or personal care products could poison someone or lead to the development of a fatal disease like cancer or respiratory illness. Or a defective consumer product could harm the user when used as intended. In these cases, the product manufacturer or designer could be liable for releasing a dangerous product.
- Nursing home abuse – Nursing home residents are among the most vulnerable members of society. But sadly, they are also among the most susceptible to abuse and neglect.
If you don’t see the situation in which your loved one sustained their fatal injuries, this doesn’t necessarily mean you don’t have a case. Contact one of our Arlington wrongful death attorneys today for a consultation to review your situation.
Who May File a Wrongful Death Lawsuit in Virginia?
In Virginia, only the personal representative of the victim’s estate can file a wrongful death lawsuit. The personal representative is usually named in the victim’s will. However, sometimes the victim dies without leaving a will. In that case, the court will name an administrator of the estate who can file a wrongful death lawsuit on behalf of the estate.
Who Will Receive the Money in an Arlington Wrongful Death Claim?
Under Va. Code § 8.01-54, any settlement or award in a wrongful death case is paid to the personal representative of the victim’s estate. The personal representative will pay any costs and attorney’s fees. After that, they will pay any case-related medical and funeral expenses as outlined in the award. The beneficiaries then receive their portion of the money as per either the terms of the will or Virginia laws of succession.
What Happens If Someone Dies Without a Will?
Everyone who dies has an estate consisting of all their belongings, property, and assets – even if it’s minimal. If the wrongful death victim did not have a will, their estate is distributed according to Virginia laws of succession. A Virginia probate court will appoint a personal representative for the estate to distribute the settlement. Va Code § 64.2-200 lists the course of inheritance for the wrongful death victim’s descendants.
If there’s no will, the beneficiaries of the victim’s estate include the surviving spouse and children. The money goes to the victim’s parents if there is no child or spouse. If the parents are gone, then the money goes to the victim’s siblings. When none of these family members survive, the compensation may go to any other relative in their household dependent on the victim. Virginia’s intestacy laws would determine who receives the compensation if a victim left behind no surviving family members.
What Compensation Is Available in a Wrongful Death Case?
Plaintiffs filing a wrongful death lawsuit may pursue compensation for several types of losses, as specified by Va. Code Section 8.01-52:
- Funeral and burial expenses
- Medical expenses incurred to treat the accident injuries before the victim died
- Your own mental anguish and sorrow
- Loss of companionship or consortium of a spouse
- Loss of guidance from a parent
- Loss of financial support, like unearned income, loss of a pension, or loss of potential retirement savings and investments
In cases of “willful or wanton conduct” or consciously disregarding the safety of others, you may also be able to seek punitive damages in a Virginia wrongful death claim.
Your Arlington wrongful death lawyer can assess the value of your losses, both economic and non-economic, and pursue full and fair compensation on your behalf. Many families may feel uncomfortable about filing a lawsuit and seeking compensation after losing their loved one. It’s hard to see the person who meant so much to you as simply a dollar amount. We understand.
But your loved one wouldn’t want your family to struggle financially while grieving their loss. Your settlement can help ease your burdens and follow through with the goals you and your family members planned together. Contact an Arlington wrongful death attorney now.
What Must Be Proven for an Arlington Wrongful Death Claim?
Building a successful wrongful death case starts with establishing that someone else was responsible for your loved one’s death, either through negligence or because the law makes them liable. You and your lawyer must show that the at-fault party didn’t take reasonable actions expected to keep others safe, that their failure to take those actions caused an accident, and that the accident caused your loved one’s injury and death.
Actions that could result in a wrongful death case might include:
- Choosing to drive after drinking or using drugs
- A pharmaceutical company releasing a medication that is known to cause serious side effects
- A hospital still employing a doctor with a history of carelessness in surgery
- A nursing home director failing to do thorough background checks on employees and hiring someone with convictions of fraud or abuse
- A commercial trucking company fails to properly train drivers, allowing untrained semi-truck drivers on the road
- A dog owner failing to confine their dog to their own property, letting it get out and bite someone
Your Arlington wrongful death lawyer can investigate the cause of your loved one’s accident, seek proof that the party that caused it was negligent or strictly liable, and build a strong argument on your behalf.
What Is the Time Limit for Filing a Wrongful Death Lawsuit?
Set under Va. Code § 8.01-244, Virginia’s statute of limitations for filing a wrongful death suit allows two years from the date your loved one died. Some cases, such as medical malpractice claims, have additional steps you must take before you can file. There can also be exceptions to the statute of limitations that could extend or shorten your time to file. But if you miss the deadline for filing, you essentially lose any right to pursue legal action – no matter how strong your case may be.
When you enlist the help of a knowledgeable wrongful death lawyer, they can ensure you meet all essential deadlines and preserve your right to the compensation your family deserves. Contact our Arlington personal injury lawyer now.
Contact an Arlington Wrongful Death Lawyer
Could your loved one’s death have been more than a tragic accident? Could your family member have filed a personal injury suit against the party that caused their accident had they lived? You may get answers to these questions and more in a free consultation with an experienced Arlington wrongful death lawyer from Marks & Harrison. Contact us today to get started.
