Wrongful Death Lawyers in Virginia Beach

Wrongful Death Causes

It’s important to know.
As experienced personal injury attorneys, we want to empower you with knowledge about wrongful death cases.

Here are some just some of types of activities that may involve negligence and wrongful behavior that can lead to a death:

• Car Accidents
• Truck Accidents
• Tractor-Trailer Accidents
• Drunk Driver Accidents
• Product Defects
• Medical Malpractice

You Are Not Alone

We understand that losing a loved one is not just about the financial burden. It can be an emotionally draining experience that no one should ever have to go through.

This is where wrongful death claims can help. These claims aim to provide financial compensation to the family of the deceased which can help ease the burden of unexpected expenses and a lack of income from the deceased.

When to Take Action in Your Wrongful Death Case

The family members may be entitled to compensation through a wrongful death claim or lawsuit. A successful wrongful death claim can recover damages set out by statute for each state. It’s important to note that wrongful death laws vary by state. Both Virginia and North Carolina have specific statutes that determine who are the beneficiaries and what damages can be recovered–even the process determining who can bring the claim or lawsuit (personal representative) and who can recover (the classes of beneficiaries). The personal representative who is authorized by the court to bring the claim or lawsuit may or may not be a beneficiary of any wrongful settlement or judgment.

In Virginia, someone can qualify as personal representative at a certain time, depending on their relationship to the deceased, for the sole purpose of administering the wrongful death claim.

In North Carolina, an administrator of the estate handles not only the death claim, but all matters of the estate.

What Damages are Recoverable?

If the wrongdoer’s actions were willful and wanton, the beneficiaries may recover punitive damages to punish the wrongdoer and to set an example for society. For a Wrongful Death in Virginia, the law allows the beneficiaries to recover damages for:

• Sorrow & Mental Anguish
• Reasonable funeral expenses
• Solace, which may include society, companionship, comfort, guidance, “kindly offices”, and advice of the decedent
• Expenses for the medical care and treatment, including hospitalization, of the deceased from the injury resulting in their death

If the wrongdoer’s actions rose to a level of willful and wanton conduct and subject to statutory limitations, punitive damages to punish the wrongdoer and to set an example for society. For a Wrongful Death in North Carolina, the law allows the beneficiaries to recover damages for:

• Expenses for the medical care and treatment, including hospitalization, of the deceased from the injury resulting in their death
• Pain and Suffering of the decedent
• Reasonable funeral expenses
• Present monetary value of the decedent to the persons entitled to receive damages recovered, including but not limited to compensation for: Net income that the deceased would have but for their death; Services, protection, care, and assistance of the decedent to the entitled persons; Society, companionship, comfort, guidance, “kindly offices”, and advice of decedent to entitled persons

Don't Miss the Deadline!

If you are contemplating pursuing a wrongful death lawsuit, it’s crucial to take swift action. In both Virginia and North Carolina, the deadline for filing a lawsuit for wrongful death is two (2) years from the date of death in most cases, but there is a lot of legal work that must be done before a correct lawsuit can be filed.

Don’t wait until it is too late! To ensure that you don’t miss your chance, don’t procrastinate – act now!