How Can I Tell If I Have a Wrongful Death Claim?
A wrongful death lawsuit in Virginia alleges that the victim was killed as a result of the negligence and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. Wrongful death cases can be very difficult to prove and include timely research and understand all the elements of the wrongful death case.
If you even have the slightest inclination that your loved one's death could have been prevented, contact our Norfolk wrongful death attorneys right away. Time may be an important factor in wrongful death claims.
Common Causes of Wrongful Death
As mentioned above, a death is considered wrongful when it could have and/or should have been prevented. In other words, when someone acts carelessly, recklessly, negligently, or unlawfully, and those actions lead to the death of a victim, that death is wrongful.
To that end, some of the most common causes of wrongful death include:
In short, whenever someone owes others a duty of care and fails to uphold that duty, leading to fatal injuries, that person can be held legally liable for damages suffered by the victim and/or his or her surviving family members and loved ones. At Kalfus & Nachman PC, we provide compassionate and dedicated legal representation to individuals navigating all types of wrongful death claims. We understand just how devastating these situations are, which is why our team is here to answer your questions and provide you with the guidance you need to seek justice and a fair recovery in the wake of your loss.
How Long Do I Have to File a Wrongful Death Claim?
In Virginia, as in other states, you only have a certain time period in which you can bring a wrongful death action. This is known as the statute of limitations and failure to file a claim within this set timeline will most assuredly result in your case being thrown out. The state of Virginia has a two-year statute of limitations on wrongful death claims. In other words, you must file your wrongful death claim within two years of the date of your loved one’s death.
Compensation in Wrongful Death Cases
The following damages may be recoverable in a wrongful death claim:
- Immediate expenses associated with the death (medical & funeral)
- Loss of victim's anticipated earnings until time of retirement or death
- Loss of benefits caused by the victim's death
- Pain and suffering, or mental anguish to the survivors
- Loss of care, protection, companionship to the survivors
- General damages
- Punitive damages
Put 40+ Years of Experience on Your Side
Kalfus & Nachman PC has helped many clients in Virginia and North Carolina get fair compensation for the untimely death of a loved one. If you suspect a loved one's death may have been the result of another party's carelessness, call (855) 880-8163 or complete our online contact form today.
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