Virginia Beach Wrongful Death Lawyers

What Is Considered a Wrongful Death?

The term "wrongful death" refers to a death caused by the negligence, carelessness, or recklessness of another person or entity. Wrongful death claims can be made by spouses, children, or other dependents of the deceased. You may be eligible to file a claim if your loved one died due to the following:

• Car accidents
• Trucking accidents
• Motorcycle accidents
• Bicycle accidents
• Dangerous or defective products
• Medical malpractice
• Swimming pool accidents
• Toxic exposure
• Nursing home abuse
• Building collapse

In Virginia, there are two types of wrongful death claims: survival actions and wrongful death actions. A survival action is a civil lawsuit brought by a family member or other dependent of the deceased. This type of claim is brought to recover damages for loss of support and services, loss of consortium, and funeral expenses. Wrongful death actions, on the other hand, are brought by the personal representative of the deceased's estate. This type of claim is brought to recover damages for the deceased's pain and suffering, loss of life expectancy, and loss of earnings.

In Virginia, the statute of limitations for wrongful death actions is two years from the date of death. If you miss this deadline, you will not be able to file a claim. This is why it is so important to have an experienced attorney by your side.

Types of Damages in a Wrongful Death Case

In a wrongful death case, the deceased's estate files a lawsuit against the party or parties responsible for the death. This lawsuit is for the deceased's estate, which is why the personal representative of the deceased's estate files the lawsuit. The damages sought are on behalf of the deceased and are meant to compensate the deceased's dependents.

Damages in a wrongful death claim can include:

• Loss of support and services: If the deceased was providing financial support, child care, or other services to the claimants, they will have experienced a loss of support and services. The value of this loss can be calculated and included in the claim.
• Loss of consortium: If the deceased was providing companionship to a spouse or other family member, they will have experienced a loss of consortium. The value of this loss can be calculated and included in the claim.
• Funeral expenses: If the deceased's family members had to pay for the deceased's funeral, this can be included in the claim. The value of this loss can be calculated and included in the claim.

How a Wrongful Death Attorney in Virginia Beach Can Help

At the Hallauer Law Firm, we know how to navigate the legal system, and we are prepared to take on large corporations and insurance companies. We know how to build a case that will hold negligent parties accountable for the harm they cause.

If you lost a loved one due to someone else's negligence, call our wrongful death attorneys in Virginia Beach at (757) 474-0089.