Portsmouth Wrongful Death Lawyers
Losing a loved one in a wrongful death incident is a profoundly difficult experience. Family members are often left facing grief while also managing the practical and financial consequences of an unexpected loss.
When the death is caused by negligence or intentional misconduct, legal options may be available to seek compensation and accountability. Wrongful death claims aim to provide families with a sense of justice while helping to address financial burdens caused by the tragedy.
Families who find this process overwhelming can turn to the Portsmouth wrongful death lawyers at Anchor Legal Group, PLLC. We clarify legal options and help families pursue legal avenues to protect their rights and work toward getting the compensation they may be entitled to.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or the personal representative of the deceased. This type of claim seeks compensation for damages resulting from a death caused by another person’s negligence, recklessness, or intentional act. Wrongful death cases can arise from various situations, including motor vehicle accidents, workplace incidents, medical malpractice, defective products, or acts of violence.
Virginia law defines wrongful death as a death resulting from the wrongful act, neglect, or default of another person or entity. A successful claim requires demonstrating that the defendant’s actions directly caused the death and that the deceased would have had grounds to file a personal injury claim had they survived. The compensation awarded in wrongful death cases is intended to benefit surviving family members and address both economic and non-economic losses.
Who Can File a Wrongful Death Claim in Portsmouth?
In Virginia, the right to file a wrongful death claim is limited to specific individuals as outlined by state law. Typically, the personal representative of the deceased’s estate must file the claim. Primary beneficiaries can include the deceased’s surviving spouse, children, and grandchildren.
When those relatives do not exist, the claim might benefit the deceased’s parents, siblings, or other family members. Our Portsmouth wrongful death lawyers determine claimant eligibility by thoroughly reviewing familial relationships and the estate’s legal structure.
What Types of Damages Are Recoverable in a Wrongful Death Case?
Wrongful death claims in Virginia allow for the recovery of various types of damages. These damages aim to address the financial and emotional impact of the loss on surviving family members. Commonly recoverable damages include funeral and burial expenses, medical costs incurred prior to the deceased’s passing, and loss of income that the deceased would have contributed to the family.
Non-economic damages, such as loss of companionship, guidance, and emotional support, are also significant components of a wrongful death claim. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious misconduct. The total compensation available depends on the unique facts of each case and the evidence presented to support the claim.
How Long Do Families Have to File a Wrongful Death Claim in Portsmouth?
Virginia law imposes a strict time limit for filing wrongful death claims. This time limit, known as the statute of limitations, typically allows two years from the date of the deceased’s passing to initiate legal action. Filing after this deadline generally results in the case being dismissed by the court.
There are exceptions to the statute of limitations in certain circumstances, such as when the defendant’s actions were fraudulent or when the deceased’s cause of death was not immediately apparent. However, these exceptions are rare and may require significant legal analysis. It is important to contact our Portsmouth wrongful death lawyers promptly to preserve the right to seek compensation and avoid unnecessary delays in the legal process.
How Is Liability Proven in Wrongful Death Cases?
Proving liability in a wrongful death case requires demonstrating that the defendant’s actions directly caused the death and that the defendant breached a duty of care owed to the deceased. This process involves presenting evidence like witness testimony, expert opinions, medical records, accident reports, and other documentation that supports the claim.
For example, in a motor vehicle accident case, liability might be proven by showing that the defendant was driving under the influence, failed to obey traffic laws, or acted recklessly. In cases involving defective products, evidence might include engineering reports, recall notices, or prior complaints about the product. Each case requires careful analysis to establish fault and build a compelling argument for compensation.
What Role Does a Lawyer Play in a Wrongful Death Case?
Our Portsmouth wrongful death lawyers play significant roles in guiding families through the legal process and advocating for fair compensation. We assist with investigating the circumstances of the death, identifying liable parties, and gathering evidence to support the claim. Our team also handles negotiations with insurance companies and other parties to seek settlements that accurately reflect the full extent of the family’s losses.
In situations where a fair settlement cannot be reached, we may represent the family in court, presenting the case to a judge or jury. Our goal is to protect the rights of the surviving family members and seek justice for their loved one’s untimely passing. Given the emotional and legal challenges involved, working with Anchor Legal Group, PLLC helps families focus on healing while we pursue their legal rights.
Portsmouth Wrongful Death Lawyers at Anchor Legal Group, PLLC Advocate for Justice and Compensation
Wrongful death cases involve profound personal loss and legal challenges. To discuss your legal options and pursue justice for your loved one, contact the knowledgeable Portsmouth wrongful death lawyers at Anchor Legal Group, PLLC today. To learn more, call 757-LAW-0000 or submit our online form for a free consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.
