Wrongful Death Claims
PRACTICE AREAS
Manassas Wrongful Death Attorney
At Manassas Law Group, our attorneys understand that there are many matters that must be resolved following the unexpected death of a close family member or loved one. One of the most frustrating and unpleasant can be attending to financial matters, especially when someone died following an accident and required extensive medical care.
Serving Manassas, Prince William County, and the surrounding Northern Virginia areas, our personal injury practice helps people navigate the confusing legal process following a sudden death when another person (or multiple people) acted negligently. Our Prince William County personal injury attorneys have years of experience making sense of complex legal issues and allowing our clients to focus on other areas of their lives while we fight for appropriate compensation from the at-fault party. For families grieving the loss of a loved one, we know that nothing we can do can repair the hurt and trauma experienced, but we want to help provide some sense of relief.
We also recognize it may not be easy to speak with a lawyer about sensitive issues regarding your loved one’s death. That’s why we are committed to providing high-quality and compassionate counsel, and we offer a no-fee, no-obligation case evaluation so you can learn if your family has a legal claim and what your next steps should be.
To speak with an experienced Manassas wrongful death lawyer at our firm, give us a call at (703) 361-8246 or complete our online contact form today.
What is a Wrongful Death?
When a wrongful act, whether it be due to negligence, recklessness, or the deliberate actions of another, causes the death of another person, the responsible party may be held liable through a wrongful death action. The purpose of such actions is to provide financial compensation to cover damages like funeral expenses, loss of companionship, emotional distress, and more. The party who is able to file the wrongful death suit varies by state, but generally, any compensation awarded is granted to the surviving family members of wrongful death victims.
A wrongful death lawsuit can only be pursued under certain circumstances, such as when there is clear evidence that the death was a direct result of another’s actions or negligence and the death caused the victim’s family to suffer losses and damages as a result.
Common Causes of Wrongful Death
Wrongful death can occur under any number of circumstances where negligence or wrongful actions lead to fatal injuries. Here are some of the most common causes of wrongful death claims in Virginia:
- Car Accidents: Motor vehicle accidents, including those resulting from collisions involving cars, trucks, motorcycles, bicycles, and pedestrians, are one of the most common causes of wrongful death. Such accidents are often a result of reckless driving, DUI, and other traffic-related negligence.
- Medical Malpractice: Fatalities due to medical errors such as misdiagnosis, surgical errors, medication mistakes, or failure to treat a condition properly.
- Workplace Accidents: Deaths occurring in work environments, especially in high-risk industries like construction, manufacturing, or energy. Common causes include falls, exposure to hazardous materials, equipment malfunctions, and lack of proper safety measures.
- Product Liability: Deaths caused by defective or unsafe products, including everything from automobiles and appliances to pharmaceuticals and children’s toys.
- Slip and Fall Accidents: Often occurring in public or private properties due to unsafe conditions like wet floors, poor lighting, or icy walkways leading to fatal injuries.
- Criminal Acts: Homicides and deaths resulting from an intentional act of violence.
- Fire and Burns: Fatalities due to fires in homes, workplaces, or public spaces, often linked to negligence in maintaining fire safety standards.
- Drowning: Fatal accidents in swimming pools, beaches, or other bodies of water, sometimes due to inadequate supervision or failure to secure safety.
- Nursing Home Neglect and Abuse: Deaths caused by the neglect or abuse of elderly patients in care facilities, including malnutrition, physical abuse, or medical neglect.
- Aviation Accidents: Deaths resulting from airplane or helicopter crashes, often due to pilot error, mechanical failure, or inadequate maintenance.
Is Wrongful Death Civil or Criminal?
Wrongful death is handled as a civil matter, not a criminal one. This means that wrongful death claims are usually brought forth to provide financial relief to the deceased’s family for things like funeral and medical expenses rather than to secure a criminal punishment.
However, while wrongful death itself is a civil action, the responsible party may also be subject to criminal prosecution if the death happened as a result of violent crimes like manslaughter or murder. These criminal charges would be pursued by the state to seek punishment for the accused and are separate from any civil wrongful death actions, but in many cases, evidence used in criminal cases can be used to support the wrongful death claim, which typically require a lesser burden of proof than a criminal conviction.
How To File a Wrongful Death Claim
Filing a wrongful death claim in Virginia is a little bit different than many other jurisdictions, particularly concerning who is eligible to file the claim. Under Virginia law, a wrongful death claim must be filed by the person designated as the representative of the deceased’s estate. This person can be named in the deceased’s will or appointed by the court if no will exists.
However, the compensation recovered through the wrongful death claim is not for the estate but rather is distributed to the “statutory beneficiaries.” These beneficiaries typically include the surviving spouse, children, and any other family member dependent on the deceased, such as parents or siblings.
Legal Process for Wrongful Death Cases
Once a claim is filed, the legal process unfolds in several stages, typically beginning with an investigation into the circumstances surrounding the death. In a wrongful death case, this involves collecting evidence such as medical records, witness statements, and expert testimony to establish the liability of the party or parties responsible.
Following the investigation, the personal representative of the deceased, often guided by a wrongful death lawyer, will usually engage with the insurance company representing the defendant. This negotiation aims to reach a settlement that adequately compensates the statutory beneficiaries for their loss. If a settlement is agreeable to both parties, the case does not go to trial, but if the insurance company disputes the claims or fails to offer a fair settlement, the matter will proceed to court.
During a wrongful death lawsuit, the case is presented before a judge or jury, where the evidence is scrutinized, and both sides present their arguments. These legal proceedings can often be lengthy and complex, requiring meticulous preparation and a thorough understanding of Virginia’s wrongful death laws. The goal in court is to prove that the defendant’s negligence or intentional action caused the death and to hold them financially accountable.
Compensation for Wrongful Death Claims
In any fatal accident resulting from negligence, several forms of financial compensation may be available to family members of the wrongful death victims. These are referred to as “damages” and can include economic, non-economic, and in some cases, punitive damages.
The wrongful death damages our attorneys may seek for your case include:
- Medical expenses related to the final illness or injury of the deceased person
- Burial and funeral expenses
- Lost wages/income
- Loss of services and care
- Pain and suffering endured by the victim
- Mental anguish
If your loved one was killed as a result of willful or wanton conduct, a Manassas wrongful death lawyer on our team may also pursue punitive damages against the party who caused the accident, which seek to punish the defendant rather than to recompensate for any specific loss.
What is the Statute of Limitations for Wrongful Death in Virginia?
Virginia’s wrongful death statute requires that the personal representative of the deceased victim files a claim within a set time frame. Under Virginia Code § 8.01-244, wrongful death claims must be brought within two years after the death of the victim. This two-year statute is the same as Virginia’s personal injury statute of limitations.
This means that while grieving family members can take some time to deal with the loss and handle other pressing matters after a loved one’s death, they should consult with an experienced wrongful death attorney as soon as possible to ensure the validity of their claim.
How Long Does a Wrongful Death Lawsuit Take?
The duration of a wrongful death case in Virginia varies from case to case, typically ranging anywhere from several months to several years. If the case concludes with a settlement, it will progress significantly quicker than if it goes to trial. If it does go to trial, the timeline depends on things like the case’s complexity, the court’s schedule, the duration of the trial, and whether there are any appeals.
Simple cases may resolve within 1-3 years, but more complex scenarios or those involving appeals can extend much longer. Effective negotiation and skilled legal representation can influence the length of the process, potentially speeding up the resolution.
How To Find a Wrongful Death Attorney
When you suffer the loss of a loved one, it’s only natural that you want someone competent, professional, and efficient to handle your wrongful death claim. To find the right wrongful death attorney for you, you should start by seeking referrals from friends, family, or legal professionals you trust.
If word of mouth doesn’t get you very far, the next best step is conducting online research for qualified lawyers who have experience handling wrongful death cases. Checking their track records and client testimonials is also important, as you want to make sure you get someone who has a good reputation among their clients.
It may also be very beneficial to schedule consultations with a few potential lawyers to discuss your case specifics, evaluate their knowledge and professionalism, and determine their communication style and compatibility with your needs. Many firms, including the Manassas Law Group, offer free consultations for personal injury and wrongful death cases, so you shouldn’t have to pay anything to speak with a legal professional regarding your claim.
Overall, choosing an attorney who clearly knows their stuff and with whom you feel respected and comfortable with is incredibly important. To schedule a free consultation with the compassionate Manassas wrongful death attorneys at MLG, simply give us a call at (703) 361-8246 today.
Contact Us
We recognize it may not be easy to speak with a lawyer about sensitive issues regarding your loved one’s death. We are committed to providing high-quality and compassionate counsel, and we offer a no-fee, no-obligation case evaluation so you can learn if your family has a legal claim. Call our Manassas office at 703-361-8246. Contact Us
How a Northern Virginia Wrongful Death Lawyer Can Help
When you equip yourself with the legal services of an experienced wrongful death attorney in Manassas and the broader Northern Virginia area, you are taking the first step toward a streamlined legal process and recovering maximum compensation for your case. These legal professionals are well-versed in the specific statutes and nuances of Virginia law that pertain to wrongful death cases and can offer crucial guidance, from the initial filing of your claim to the final resolution, whether that’s a settlement or court proceedings.
Your attorney will handle all aspects of the case, including the gathering of evidence, negotiation with insurance companies, and representing your best interests in court, providing well-needed legal and emotional support during this difficult time.
Why Choose Manassas Law Group?
At the Manassas Law Group, our Northern Virginia wrongful death lawyers bring a wealth of experience and a compassionate approach to these sensitive cases. We know what it takes to not only help families recover maximum compensation for their devastating losses, but also to help guide them through the legal process with understanding, care, and consideration.
By offering a free initial consultation, we give clients the opportunity to discuss their case with a member of our team without any financial commitment. This meeting allows us the opportunity to outline how we can assist in their case while also allowing our clients to get to know us, ask questions, and address any concerns they may have. To schedule your consultation, give us a call today.
Helping Families Understand Their Legal Rights
Many families face uncertainty and confusion when it comes to pursuing a wrongful death claim. At Manassas Law Group, we are committed to guiding these families through the intricacies of the legal process and helping them understand their rights and the potential avenues for recourse.
An experienced wrongful death attorney on our team will take the time to explain all aspects of wrongful death laws in Virginia, ensuring families are well-informed about their legal options. We are here to provide our clients with clear, compassionate legal advice tailored to their unique situation and make the entire process as smooth as possible during what is undoubtedly a challenging time.
Contact The Prince William County Wrongful Death Lawyers at MLG Today
If you’ve lost a loved one due to another’s negligent actions in Prince William County, Fairfax County, Loudoun County, or any of the surrounding Northern VA areas, our personal injury lawyers are here to help you recover damages for your tragic loss. We know the profound impact a wrongful death can have on a family, which is why we are dedicated to ensuring that those suffering loss of a loved one receive the justice, support, and compensation they deserve.
Contact our Manassas office as soon as possible and speak with a qualified Virginia wrongful death attorney to identify your legal needs and begin developing a legal strategy. You can reach us by phone at (703) 361-8246 or via our online intake form.
