Wrongful Death
Standing Beside You Through an Unimaginable Loss
Losing a loved one due to negligence is devastating. Our team offers compassionate legal guidance to help families seek accountability and justice during an incredibly difficult time.
Unexpectedly losing a loved one is a tragedy that no one deserves to experience. Grief, frustration, and the many other emotions such a loss brings are only heightened by the knowledge that someone else was to blame. If you lost a family member because someone else was negligent, because a company cut corners, or in any situation caused through no fault of their own, you deserve to seek justice. Lead Science Legal Services is here to help you accomplish this.
Call 888-111-2222 today for experienced and caring counsel after the loss of a loved one. Together, we can seek the answers and justice your family deserves.
Let Our Family Help Your Family Seek Justice In Virginia Beach, Norfolk, And All Of Virginia
We know this is a difficult time. As a family-owned firm, we recognize the true value of family. We are here to help you face the challenges up ahead. When you come to our firm for legal counsel, you will find that we treat you like family. Our Newport News wrongful death attorneys are here to support and guide you through every step of your case – all the way through to the best result possible.
Put Our Family to Work for Your Family
- We are a family-owned law firm.
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- Our dedicated legal team has more than 150 years of combined experience helping injured clients.
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Wrongful Death: Causes & Liability
A wrongful death may be caused by negligence, intentional wrongdoing, carelessness, or inexperience. Determining the cause of a wrongful death is important, as this will shed light on what party (whether an individual or a company) should be held legally accountable. Accountability translates to compensatory damages, typically paid to surviving family members. This may cover medical bills, pain and suffering, loss of earnings, funeral costs, loss of companionship, and more. It cannot bring back a loved one, but it can help a family build a more stable future – while exposing the at-fault party's wrongdoing.
At Lead Science Legal Services we take on wrongful death cases involving:
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Car accidents
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Defective and dangerous products
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Truck accidents
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Motorcycle accidents
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Pedestrian and bicycle accidents
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Construction site accidents
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Maritime accidents
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Boating accidents
When you work with our firm, we will stay in close communication with you. We will listen to you and will take the time to truly understand your concerns. We will fight for justice in your loved one's name.
Damages In A Wrongful Death Claim
You could be owed significant compensation for the losses you have experienced due to the untimely and avoidable passing of your loved one. The damages in a wrongful death claim filed in Virginia can reflect both economic and non-economic damage of varying types. When we are chosen to be your wrongful death attorneys, it will be part of our role to carefully calculate the full damages and pursue every penny in your name and that of your loved one.
The damages we can cite in your wrongful death claim include:
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Funeral and burial expenses, up to a "reasonable" cap
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Medical costs incurred during your loved one's final treatments or hospitalization
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Income your loved one likely would have earned in life
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Value of your loved one's day-to-day care and around-the-home services
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Value of guidance and companionship your loved one provided your family
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Emotional trauma and anguish suffered by you and your family
In rare cases that involve a "wanton" disregard for human life, punitive damages can be issued by the court. Punitive damages further penalize the defendant and can be set to any amount the court deems fair. For example, if someone caused a fatal drunk driving accident while going 75 mph down a quiet neighborhood street, then punitive damages might be approved.
Who Can File A Wrongful Death Claim?
The only party who can file a wrongful death claim under Virginia law is the representative of the deceased person's estate. This executor can be named in the deceased's estate plan, or they can be assigned by the court if no one has been named. Spouses and children are the two parties most often named to be executors, but parents can be as well. Regardless of who files the wrongful death claim, the beneficiaries of any damages collected remain the same, which include a spouse, children, grandchildren, parents, siblings, and dependent adults, with legal priority going in that order.
Wrongful Death Statute Of Limitations
You only have two years from the date of your loved one's passing to file a wrongful death claim in Virginia. This statute of limitations does not begin on the day they were injured or diagnosed with a fatal illness. When the two years pass – which can happen faster than you think because grieving can make it simple to lose track of time – the court will block any claims filed after.
Compassion Matters When Working On Your Case
A wrongful death case is not like a typical personal injury claim in many ways, including how it will weigh on you mentally and emotionally. It is important to approach your case with sensitivity and compassion. Our Newport News wrongful death attorneys are here to guide you and your family through this troubling time without adding more stress to your lives, just as we have done for so many clients, neighbors, and friends in our communities for years.
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Wrongful Death FAQs
Answers to common questions families ask after losing a loved one.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and the loss of their loved one’s companionship and guidance. A survival action is brought on behalf of the estate for losses the deceased person suffered before passing, such as medical bills and pain and suffering. The two claims often arise from the same incident and are frequently pursued together.
Can we file a civil claim if there is also a criminal case?
Yes. A wrongful death claim is a civil case that is separate from any criminal prosecution. It can move forward whether or not criminal charges are filed, and it uses a lower standard of proof than a criminal trial. A civil claim focuses on compensating the family rather than punishing the wrongdoer.
What if my loved one was partly at fault?
Maryland follows the rule of contributory negligence. If the person who died is found to have contributed to the accident, even slightly, the family may be barred from recovering compensation. Because the at-fault party’s insurer may try to shift blame, a careful investigation into what happened is essential.
What should our family do now?
Take the time you need to grieve, and avoid giving recorded statements to insurance companies or signing anything before speaking with an attorney. If you can, keep copies of medical records, bills, funeral expenses, police or incident reports, and any photographs or contact information for witnesses. These records help show what happened and what your family has lost.
The information on this page is general in nature and is not legal advice. Every case is different.
Personal injury attorneys committed to helping injured clients protect their rights and pursue the compensation they deserve.
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