Wrongful Death Lawyer in Chesterfield

If you recently lost a loved one due to someone else’s negligent or intentional actions, you have the right to pursue legal action against that person. As you move forward with a wrongful death lawsuit, it will be important that you work with a skilled and compassionate Chesterfield wrongful death lawyer.

At Marks & Harrison, our Chesterfield wrongful death attorneys have the skill and resources necessary to help you through this tragic time in your life. When you are ready to hold the negligent person accountable for his or her actions or inactions, contact us and receive a free and private consultation about your case.

Our wrongful death attorneys have extensive experience with representing families of wrongful death victims in and around Chesterfield and throughout Virginia. Our results include:

• $2,000,000 (Circuit Court of the County of Fluvanna) – Our firm represented the loved ones of three family members who died in a crash involving a tractor-trailer.
• $1,800,000 (Circuit Court of the County of Henrico) – Our firm served as co-counsel for the family of a man who was struck by a box truck at an intersection.
• $1,750,000 (Circuit Court of the County of Louisa) – We represented the family of a child who died in a school bus wreck.

Every case is different. Your ability to hold another person accountable for the death of a loved one, as well as the amount of compensation you may receive in damages, depends on a number of unique factors. To learn more about what to expect from your case, and for legal advice and guidance, contact Marks & Harrison today through our Chesterfield personal injury law office.

What is a Wrongful Death?

A “wrongful death” action is a type of civil claim. If the victim of someone else’s intentional or negligent conduct could have brought a personal injury claim if he or she had survived, then, generally speaking, the “personal representative” of the victim’s surviving family members and estate may bring a wrongful death lawsuit in Virginia. A wrongful death case often overlaps with a criminal prosecution. However, a guilty verdict in a criminal case is not required for you to pursue a wrongful death action.

At Marks & Harrison, we have helped grieving family members pursue wrongful death claims in many different situations, including:

• Motor vehicle accidents – Car accidents, truck and other motor vehicle accidents are the most common reason for wrongful death claims. Death may arise as a result of careless or reckless actions such as speeding, drunk driving, aggressive driving or distracted driving.
• Medical malpractice – These cases arise when a health care provider fails to meet the appropriate standard of care, and as a result, causes the death of a patient. Some common examples of medical malpractice include failure to diagnose, misdiagnosis and surgical errors.
• Workplace accidents – On-the-job accidents that result in death are not uncommon – especially in the construction industry. If a death results from an employer’s failure to provide workers with a safe work environment, the aggrieved family can seek financial recovery beyond what is offered by workers’ compensation.
• Dangerous property conditions – Property owners are required to take reasonable measures to protect visitors and to keep them safe from harm. Those measures include fixing hazardous conditions and warning visitors about hidden, dangerous conditions on the premises.
• Defective products – When a faulty product results in the death of a person, the manufacturer and anyone in the line of distribution can be held accountable. Many defective product-related wrongful deaths involve dangerous drugs, medical devices, and automotive parts.
• Dog bites – If a dog owner fails to adhere to local leash laws or otherwise restrains his or her canine, and if the dog inflicts a fatal injury, the owner could be held responsible.
• Nursing home abuse and neglect – Sadly, cases of abuse and neglect are prevalent in nursing homes in Chesterfield. Oftentimes, the mistreatment leads to the untimely death of an elderly loved one.

At Marks & Harrison, our Chesterfield wrongful death attorneys advocate on the behalf of individuals who lost loved ones due to the negligent or reckless behavior of another individual or entity. Whether your loved one’s death occurred because of a reckless driver or a careless healthcare provider, our team is prepared to prove the cause of death and work tirelessly to hold the party accountable.

Who Can Bring a Wrongful Death Claim in Chesterfield?

Under Virginia law, a wrongful death claim can only be brought about by the victim’s surviving family members and estate. The person who files the claim is the “personal representative.” That person spearheads the legal action. Individuals who may recover compensation in a wrongful death claim are:

• Spouses
• Children
• Parents
• Surviving siblings
• Any relative who is dependent upon the deceased for financial support and services.

Some states require that the beneficiary be related by blood or marriage. In Virginia, a person need only prove that he or she is related by blood, marriage, or adoption in order to recover damages for his or her loss. If no surviving family members remain, the recovery would go to the person or persons who are allowed to inherit the deceased’s estate under Virginia’s intestacy laws. Our wrongful death lawyer can help.

What Deadlines Apply to Chesterfield Wrongful Death Claims?

As with all civil actions, a statute of limitations applies to wrongful death causes of action. As a general rule, a personal representative has two years from the time of death to file a claim.

It is imperative that you adhere to the statute of limitations when you deal with any type of civil suit. If you file a suit even one day after the two-year time limit has passed, your claim will be dismissed without a second thought. For this reason, you should work with a wrongful death lawyer in Chesterfield who will make sure you file your claim in a timely fashion. The sooner you get legal help, the better off you will be in the long run when it comes to meeting deadlines.

What Damages Can You Recover in a Chesterfield Wrongful Death Lawsuit?

The damages one can recover in a wrongful death lawsuit are slightly different than one can recover in, say, a personal injury lawsuit. Virginia law describes wrongful death damages as those that are “fair and just.” The types of damages include compensation for:

• Loss of the victim’s income, services, assistance, protection, and care
• One’s sorrow, mental anguish, and solace
• Reasonable funeral expenses
• Cost of treatment, care, and hospitalization that may have been necessary to care for the victim post-accident and pre-death.

Virginia also allows aggrieved family members to recover compensation for punitive damages. (Many other states do not allow punitive damages in a wrongful death case.) These damages are meant to punish the defendant and deter him or her from committing the same misconduct in the future. However, to recover these types of damages, the victim’s family must prove that the liable party engaged in “willful or wanton conduct,” or the defendant’s conduct was so wanton that it amounted to “a conscious disregard for the safety of others.”

A Chesterfield wrongful death lawyer can review the facts of your case and advise you of which type of damages to reasonably expect. Moreover, the right attorney can calculate the value of your claim and fight for nothing less than what you deserve.

How Is a Survival Action Different from a Wrongful Death Claim?

Virginia is one of the few states that provides two ways for the family members of a deceased accident victim to recover damages from the liable party. One of those ways is, of course, a wrongful death action. The other is called survival action.

While a wrongful death action centers around the suffering of the deceased person’s surviving family members, a survival claim centers around the suffering of the victim. In a survival claim, the victim’s loved ones seek compensation for lost earnings, medical bills, pain and suffering, and other damages that the victim could have sought for him or herself through a personal injury claim if he or she had survived. The compensation would go to the victim’s estate.

How Our Chesterfield Wrongful Death Lawyers Can Help You?

When you deal with a wrongful death lawsuit, you must be aware of dozens of rules, requirements, and limitations. A Chesterfield wrongful death attorney at our Chesterfield office will help you to navigate the legal system and ensure that your case goes as smoothly as possible. Some things that our attorneys at Marks & Harrison do for our clients include:

• Consulting with highly qualified experts and conducting a prompt, thorough investigation into the cause of the accident
• Ensuring that your claim is filed in a timely and accurate fashion
• Negotiating on your behalf for a fair and full settlement
• Taking your case to trial if necessary
• Assisting you and other aggrieved family members to distribute the settlement or judgment as fairly and efficiently as possible.

We will never charge a fee unless you obtain a recovery, and your best interests will be our top priority at all times. If you want to work with a wrongful death lawyer who will represent you and your family with honesty, fairness, and ethics, contact the personal injury lawyers at Marks & Harrison today.