There is nothing worse than losing a loved one unexpectedly, especially when that loss was due to someone else’s negligence. Whether it was from a car accident due to a reckless driver, medical malpractice, or some other cause, when hiring a wrongful death lawyer, Virginia residents want to make sure they have the best of the best fighting for them.
Of course, the emotional losses one faces after losing a loved one suddenly and wrongfully are unquantifiable. However, there are some tangible losses the family of the deceased faces. There are funeral expenses and medical bills if there were attempts to treat the deceased before their death, loss of income if the deceased’s wages were a significant source of financial support, as well as added expenses for childcare and food if the deceased was a homemaker.
Filing a wrongful death claim to recover damages for your loved one’s death caused by negligence or wrongful acts
Although it’s not possible to bring someone back, their loved ones shouldn’t have to suffer even more from their loss than they already have. That is why the courts allow the families of accident victims to seek financial restitution for wrongful death, compensating them for the expenses and suffering they have experienced due to the death of their loved one.
Unfortunately, the insurance companies have built the claims process to be as dehumanizing as possible. When a claim is filed, your case is assigned a claim number, and this becomes your loved one’s “identity” to the insurance adjuster. It’s much easier for an insurance adjuster to look at a number and make hard decisions than to look at the case as a person with a life that has been taken away by this accident and a family that has been changed forever.
Proving wrongful death can be extremely difficult, which is why it is so important for victims’ families to hire a skilled and experienced wrongful death lawyer when they want to take legal action and recover damages. To prove wrongful death, a victim’s family or estate must prove that the defendant had a duty of care, that they breached it through negligence or willful wrongful acts, that this was the cause of the fatality, and that the deceased’s surviving family members and loved ones have suffered damages as a result of their death.
One of the biggest complications that Virginia residents face in wrongful death cases is the Commonwealth’s contributory negligence law. This law means that if the deceased is found to be even 1% at fault in an accident, their loved ones could be barred from recovering any damages. For example, if a pedestrian was killed crossing the road outside of a proper intersection, their loved ones may not be able to get compensation for the damages they have suffered.
See also: Queens Motorcycle Crashes: Law, Safety, and Support
How a Virginia wrongful death lawyer will help you navigate a wrongful death lawsuit
Because of these reasons and more, navigating a wrongful death case can be incredibly difficult for the deceased’s loved ones. That’s not to mention the fact that they are dealing with one of the most stressful periods in their life. Thankfully, working with an experienced personal injury law firm like Richmond personal injury attorneys Burnett & Williams can help you navigate this process with confidence and comfort.
First, your wrongful death attorney will conduct an extensive investigation into the accident or incident that resulted in your loved one’s death. They will collect key evidence, including police and medical examiner reports, witness testimony, and any images or videos of the incident itself. They may also consult expert witnesses, such as accident reconstruction specialists or medical experts, to strengthen your case and provide context to the damages your family has suffered because of your loss.
Once your attorney has gathered the evidence to support your Virginia wrongful death claim, they will create a demand letter to send to the insurance company. This letter will outline the amount of damages you are seeking, as well as the evidence you have for the defendant’s liability.
“Often, there is a back-and-forth negotiation process that lasts several weeks or months before your attorney and the insurance company reach a fair settlement,” explains C. James Williams III, principal at Burnett & Williams.
In some cases, however, the insurance company may not be willing to offer a fair amount for your damages. When this happens, your wrongful death lawsuit goes to court, where it is heard by a judge and/or jury.
“If your case goes to court, it is imperative for you to have a skilled trial lawyer on your side,” asserts Williams. “You want someone with a track record of winning to protect your rights, as this will make sure you get what you deserve for your damages.”
If your loved one suffered death caused by the negligence of someone else, contact a personal injury law firm like Burnett & Williams.
“Contact us today to schedule a free consultation,” Williams concludes. “We will review your case and determine whether we can help you get fair compensation.”
