Harrisonburg Wrongful Death Lawyer
There is no easy way to face the death of a beloved family member, especially if it occurred as a result of negligent behavior. If another person were to blame, they could be liable for a wrongful death lawsuit. An experienced injury attorney can provide insight into whether this legal action is appropriate.
Before you attempt to file a lawsuit on your own, you need to learn more about your options. Let a Harrisonburg wrongful death lawyer answer your questions and help you understand how to proceed.
Who Is Eligible To File a Wrongful Death Lawsuit?
Every jurisdiction takes a different approach regarding the authority to file a wrongful death action. Although some states allow surviving family members to file a lawsuit directly against the responsible party, that is not the case in Virginia.
As a wrongful death attorney in Harrisonburg will explain, only the personal representative of the decedent’s estate has the power to pursue legal action. In Virginia, there are two ways to establish this authority: either by opening a general estate to handle all matters related to the decedent, or by opening a limited estate solely for the purpose of pursuing a wrongful death claim. The latter option is often used when the decedent has no assets requiring probate. The court appoints this party to oversee the estate, including any wrongful death claim that might be available.
The appointed personal representative is tasked with filing wrongful death actions, but is not necessarily entitled to proceeds. Instead, the funds recovered are distributed to any surviving heirs within the deceased’s estate as reviewed and approved by the appropriate Virginia court.
Deadlines for Legal Action
Although there are various legal pitfalls associated with filing a wrongful death action, few are as problematic as the statute of limitations, which is the firm legal deadline that applies to all civil suits. If a plaintiff files their lawsuit after the time limit expires, the court may be forced to dismiss it with prejudice.
Dismissal with prejudice is a worst-case scenario that leaves surviving heirs without any possibility of recovering compensation for the loss of their loved one. The deadline generally expires two years from the date of a person’s passing. A Harrisonburg wrongful death attorney can help manage this timeline.
The Potential for Compensation
Wrongful death actions are civil suits, with the outcome of a successful litigation being a monetary award. Compensation generally falls into two general categories. The first is the expenses accrued due to a person’s death, including medical costs that would have been included in a personal injury case had they survived.
The second type of compensation relates to the impact of an unexpected death on surviving family members. These losses are not just financial; they include the emotional damage associated with the loss of a loved one, with a wrongful death lawyer in Harrisonburg enabling plaintiffs to seek compensation for the following:
- Funeral and burial costs
- Sorrow and anguish
- Lost household services and assistance
- Final medical expenses
- Lost income and future earnings
Punitive damages may be a consideration if the conduct that causes the death was especially egregious.
No amount of money can replace a family member, but these resources can be invaluable for grieving survivors.
Call a Harrisonburg Wrongful Death Attorney for Help
If you have lost a loved one, you could inherit the proceeds of a wrongful death action. As you have the right to legal counsel throughout this civil process, speak to a Harrisonburg wrongful death lawyer at Price Benowitz today to arrange a free case evaluation and advice on protecting your claim.
