Pedestrian Accidents
Inattentive or negligent drivers may strike pedestrians, often causing severe or even fatal injuries. Pedestrians are not afforded the same physical protection as drivers and passengers in motor vehicles.
Immediate Steps to Take After a Wrongful Death
To protect your legal rights to fair compensation and justice, you should take certain steps as soon after losing a loved one as you can.
- Gather evidence. Collect police reports, medical records, and witness contact information to support your claim.
- Avoid discussing the case. Limit conversations about the incident, especially with insurance companies, until you've spoken with a lawyer.
- Hire a Virginia wrongful death lawyer. Seek legal counsel promptly to preserve evidence and ensure your rights are protected.
- File a wrongful death claim. If the parties cannot agree on a settlement, your lawyer can take your case to trial to seek a fair resolution.
Understanding Virginia Wrongful Death Laws
Start with learning about relevant Virginia laws governing wrongful death cases in the Commonwealth.
Statute of Limitations
In Virginia, you generally have two years from the date of death to file a wrongful death lawsuit. If you fail to meet this deadline, you may lose your right to seek compensation.
Who Can File a Wrongful Death Claim?
Virginia law specifies that only the personal representative of the deceased can bring a wrongful death action forward. They are typically named in the will as the executor or administrator of the estate.
If there is no will or the named executor fails to qualify, the Virginia wrongful death statute prioritizes certain individuals who may step into this role. Namely, the surviving spouse, children, or grandchildren are common candidates. Parents, siblings, and other dependents may also be eligible.
Possible Damages to Recover
Examples of damages and losses you may recover in a wrongful death claim include:
- Lost wages and future earnings
- Medical bills
- Funeral and burial expenses
- Loss of consortium and support
- Pain and suffering
- Punitive damages
Why You Need a Virginia Wrongful Death Lawyer
Making sense of the legal system while grieving the loss of a loved one can be overwhelming. The experienced legal team at The Mottley Law Firm can help you in several ways.
- Legal expertise. We understand the nuances of Virginia’s wrongful death law and how to build a strong case on your behalf.
- Compassionate support. Our team provides empathetic guidance throughout the legal process, allowing you to focus on healing.
- Thorough investigation. We work with experts to uncover all evidence and determine liability for your loved one's death.
- Skilled negotiation. Our attorneys fight for fair compensation, whether through settlement negotiations or at trial.