Frederick County Wrongful Death Lawyer
The idea of pursuing civil compensation as a means of making up for a loved one’s death in an accident may understandably seem like a grossly insufficient solution to a problem that is impossible to solve. While it is true that no amount of money can make up for the value of a life cut short, the purpose of an ensuing wrongful death claim is not to attempt anything of the sort, but instead to ensure the financial stability of an accident victim’s surviving family members.
Guidance from a compassionate Frederick County wrongful death lawyer could simplify the litigation process and give your case much better chances of a successful outcome. With a personal injury attorney taking the lead on demanding civil restitution, you and your family could focus on supporting each other through your grief without having to worry about newfound financial losses on top of everything else.
Filing Deadlines for “Statutory Beneficiaries”
Wrongful death claims work just like typical personal injury cases to some extent, primarily in the sense that proving negligence by the defendant(s) named in the claim is essential to holding them financially accountable for the filing party’s losses. By tragic necessity, though, the plaintiff(s) in a wrongful death case are not the person directly impacted by the defendant’s misconduct, but rather that party’s indirectly affected family members pursuing litigation in their deceased loved one’s name in accordance with VA Code §8.01-50.
VA Code §8.01-53 establishes a priority order for which “statutory beneficiaries” of an accident victim have standing to file a wrongful death claim. First priority goes to the decedent’s spouse, children, and/or grandchildren, followed by the decedent’s parents, siblings, financially dependent and cohabitating relatives, and finally any family member entitled to a portion of the decedent’s estate based on intestacy laws.
No matter which party or parties join a wrongful death claim, they generally must begin the litigation process for that claim within two years of the decedent’s date of death, as per VA Code §8.01-244. Notably, though, there are a few exceptions to the latter two statutes under unique circumstances, which a Frederick County wrongful death attorney could explain in more detail as needed.
Recoverable Damages through Wrongful Death Litigation
Although it does not restrict recovery solely to these types of damages, VA Code §8.01-52 specifically lists five categories of losses that beneficiaries of a deceased accident victim may seek restitution for:
- Mental anguish and sorrow, including losses of companionship, solace, guidance, and comfort from the decedent
- Expected losses of future financial support and/or household services, assistance, and protection that the decedent reasonably would have provided
- Expenses for emergency medical and/or hospice treatment for the decedent between their accident and their eventual death
- Funeral and burial/cremation expenses
- Punitive damages, in the event the defendant(s) engaged in extraordinary recklessness or a conscious disregard for human life
The court overseeing a wrongful death case has the authority to state the value of reasonable medical expenses, reasonable funeral expenses, and punitive damages, although a lawyer in Frederick County could help advocate for a more favorable final verdict on behalf of beneficiaries.
A Frederick County Wrongful Death Attorney Could Help
The immense emotional toll of a family member’s death can be overwhelming all on its own, but the ensuing financial and personal impacts can sometimes be equally disruptive. Unfortunately, unless you proceed with a potentially stressful and complex civil lawsuit, you may have little chance of holding the party responsible for your loved one’s accident financially liable for its consequences.
Assistance from a Frederick County wrongful death lawyer could be crucial to preserving your rights and protecting your family’s best interests. Schedule a confidential consultation to learn more.
