If you have lost a loved one to the careless or reckless actions of another, reach out to Page Law Firm, P.C. for the compassionate and competent representation you and your family deserve. Since 1982, our experienced Richmond wrongful death attorneys have been standing up for the rights of Virginia families whose loved ones have been killed by negligence. We have what it takes to fight for your right to fair compensation while you concentrate on more important things, like spending this time with your loved ones. We will secure the fair and just compensation you and your family deserve.
You need to consult an attorney before talking to a representative of the insurance company. Call (804) 352-2030 or contact us online to learn all about your legal rights and options after losing a loved one in Virginia.
A wrongful death lawsuit is initiated when a loved one is killed as a result of someone else's negligence. The surviving dependents and beneficiaries of the decedent are entitled to monetary damages for the loss of their loved one.
Wrongful death actions are controlled by Virginia Statute. Under the Code of Virginia § 8.01-50, wrongful death is defined as a loss of life caused by “the wrongful act, neglect, or default of any person or corporation.” This means you can hold an individual or an entity legally liable for a loved one’s death.
Wrongful death can be caused by any negligent act, such as:
In the state of Virginia, wrongful death claims may be filed by:
Wrongful death claims must be brought within two years of the individual’s death in order to be heard by Virginia courts.
In order to hold a defendant responsible for a wrongful death, it must be proved that the conduct of the defendant was the cause of the decedent's death. To satisfy this requirement, it is not necessary to show that the defendant was the only responsible party. However, a connection must be established between the defendant's conduct and the injury. It must be shown that the injury would not have occurred without the action of the defendant(s).
Example: A victim (married with children) is injured in a severe auto accident, caused by the negligence of the defendant. The victim is hospitalized, sues the defendant, but dies before the case is heard from the injuries sustained from the car crash. The claim survives the death of the victim. The surviving beneficiaries may bring a wrongful death action.
Under Virginia law, a claim for wrongful death must be brought by the personal representative of the deceased. The personal representative can be the administrator or executor of the estate as appointed in the will of the deceased. If no executor is named, the clerk of the court can appoint a personal representative for purposes of pursuing the civil claim on behalf of the deceased's beneficiaries.
Losing a loved one is an unimaginable tragedy. At Page Law Firm, P.C., we have represented families who have lost loved ones as a result of someone else's negligence, so we understand how to help you navigate these trying times.
If you or a loved one has suffered a serious injury or death as a result of an accident, please immediately contact Page Law Firm P.C. for an initial free consultation. We will immediately review your information and respond. Remember, YOU NEED TO CONSULT AN ATTORNEY BEFORE TALKING TO A REPRESENTATIVE OF THE INSURANCE COMPANY. Otherwise, you may be talked out of a fair settlement or lose your opportunity to obtain compensation entirely.
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