Alexandria Wrongful Death Lawyer

What is Wrongful Death?

Wrongful death is a legal term used to describe a death that is caused by the negligent, reckless, or intentional actions of another party. This can include fatal accidents, medical malpractice, defective products, criminal acts, and more. In Virginia, wrongful death claims are governed by the Virginia Code § 8.01-50, which allows certain family members to pursue a lawsuit when a loved one’s death is caused by another’s wrongdoing.

Losing a loved one is never easy, but when that loss occurs due to someone else’s negligence or misconduct, it can be devastating. The emotional toll is often compounded by financial burdens, as families are left grappling with medical expenses, funeral costs, and a loss of income.

In Virginia, wrongful death claims allow surviving family members to seek justice and compensation for their loss. If you have lost a loved one under such circumstances, it is crucial to have a dedicated and skilled Alexandria wrongful death lawyer by your side to help you navigate this difficult legal process.

If you’ve lost a loved one due to negligence, speak with an Alexandria wrongful death lawyer for a free consultation. Call us at (703) 468-8557 or contact us online to get started.

What Is a Wrongful Death Claim?

Wrongful death claims are civil cases, not criminal cases, meaning that even if the responsible party is not criminally convicted, they can still be held liable for the death. In some cases, the same actions can lead to both a criminal prosecution and a civil wrongful death suit. The goal of a wrongful death claim is to seek compensation for the surviving family members for their emotional and financial losses.

What are Common Causes of Wrongful Death in Virginia?

There are a variety of circumstances in which wrongful death can occur, and each case presents its own unique challenges. An Alexandria wrongful death lawyer can help you determine whether your case qualifies and assist you in bringing the claim forward.

Some common causes of wrongful death include:

• Car accidents
• Medical malpractice
• Nursing home negligence
• Aviation crashes
• Public transportation disasters
• Bridges that suddenly collapse into rivers and roadways
• Workplace accidents
• Defective products
• Premises Liability
• Criminal acts

What Types of Compensation are Available in Wrongful Death Cases?

While no amount of money can ever replace the loss of a loved one, compensation can help alleviate some of the financial burdens caused by the death. In a wrongful death claim, the surviving family members may be entitled to the following types of compensation:

• Funeral and Burial Expenses: The family may recover the cost of funeral and burial expenses, which can be significant.
• Medical Expenses: If the deceased person received medical treatment before their death, the family may be able to recover the medical costs incurred.
• Lost Income: If the deceased person was the primary breadwinner, the family may be entitled to compensation for the income they would have earned if they had not died.
• Loss of Companionship: Family members may be entitled to compensation for the emotional loss of their loved one, including the loss of companionship, comfort, and support.
• Punitive Damages: In some cases, punitive damages may be awarded if the defendant’s actions were especially egregious or malicious. These damages are designed to punish the wrongdoer and deter others from engaging in similar conduct.

Our personal injury lawyer in Alexandria can help you understand the full range of compensation available in your case and fight to ensure that you receive what you are entitled to.

How to Prove Liability in a Wrongful Death Case?

Proving liability in a wrongful death case involves demonstrating that another party's negligence, recklessness, or intentional actions caused the death of the deceased person.

In Virginia, to establish liability in a wrongful death claim, the following elements must be proven:

• Duty of Care: The defendant must have had a duty to act in a certain way to prevent harm to others. For example, drivers have a duty to follow traffic laws and drive safely, while doctors have a duty to provide competent medical care.
• Breach of Duty: The defendant must have breached that duty through negligence or misconduct. For example, if a driver ran a red light, or a doctor made an error during surgery, this would be considered a breach of their duty.
• Causation: It must be shown that the defendant’s breach of duty directly caused the death. This can include proving that the actions or negligence of the defendant were the proximate cause of the death, and that the victim’s passing would not have occurred without the defendant’s actions.
• Damages: The plaintiff (the family or personal representative of the deceased) must show that the death resulted in financial or emotional damages, such as lost wages, medical costs, funeral expenses, or the loss of companionship.
• Evidence: To establish the defendant’s liability, it is crucial to gather evidence, such as accident reports, witness testimony, medical records, expert opinions, and any other documentation that supports the claim. A thorough investigation and preparation can significantly impact the success of the case.