Wrongful Death Attorney Winchester VA

Wrongful Death Attorney Winchester VA

Suffering the unexpected loss of a loved one can be traumatic. As the shock and uncertainty wash over you, you may wonder what this means for your life and what comes next. Your loved one’s loss may also leave you in a tough financial position. When their death was the result of someone else’s negligence, our Wrongful Death Attorney Winchester VA law firm can hold your hand and help you pursue legal action.

With over 60 years of combined experience, the team at Skinner Accident & Injury Lawyers has extensive experience advocating for individuals and families who have unjustly lost their loved ones too soon. We strive to get each one the compensation they deserve, all while supporting them through their grief and fighting on their behalf. With a history of dedication and strong negotiation skills, a Virginia personal injury lawyer ensures that your rights are protected and you receive the representation you deserve.

What Constitutes a Wrongful Death in Winchester, VA

Wrongful death cases can be made when another person or entity’s negligence results in the tragic and untimely death of another individual. Designated individuals can then pursue a claim for compensation and justice on behalf of the decedent. The events that cause wrongful deaths are often ones that could have been prevented if the negligent party had shown more care and taken more precautions. These cases often have very specific requirements, and a wrongful death attorney in Winchester, VA can handle them so you can focus on healing from the loss of your loved one.

Factors That Can Contribute to Wrongful Deaths

Wrongful death accidents can be caused by a number of factors. Any type of personal injury accident has the potential to result in death if the cause is severe enough. Some of the most common causes that can lead to wrongful deaths include the following:

Wrongful Death Laws in Virginia

For a wrongful death lawsuit to be filed, the decedent must have first had the right to have filed a personal injury claim against the negligent party if they had lived, according to Virginia Code § 8.01-50. As such, that right is fulfilled on behalf of the decedent when a wrongful death lawsuit is filed. This allows you to hold the negligent party accountable and recover damages on behalf of the deceased person. This compensation can also ease some of the accompanying losses that may be felt as a result of the decedent’s loss.

In Virginia, a wrongful death claim must be brought by the decedent’s representative. This is likely to be the individual who has been named in the decedent’s will. This individual files the claim on behalf of the entire estate, and damages are awarded to those who have been named as beneficiaries. These parties will typically be immediate family members or dependents. Damages are likely to be awarded to the decedent’s spouse and/or children but may also be disbursed to parents or siblings if there is no immediate family to claim the compensation. Additionally, the representative will also likely resolve any outstanding financial matters regarding the estate.

Establishing Liability in a Wrongful Death Lawsuit

When filing a wrongful death lawsuit, you will need to establish what transpired, who was at fault, and how they caused your family member’s death. This is essential to the case and must be completed before any damages can be distributed to applicable parties. To do this, your lawyer must demonstrate the standard of negligence. This is made up of four parts and includes:

  • Duty of care: The offending party had an obligation to reasonably protect those around them from sustaining injury or death and to conduct themselves in a way that met those expectations.
  • Breach of duty: The offending party acted in a manner that clearly disregarded their duty to ensure safety, whether through action or inaction. They could have also acted out of malicious intent.
  • Causation: Because of the manner in which the offending party behaved, the resulting outcome is that they were the direct cause of the accident and the decedent’s death.
  • Damages: Once the offending party is found to have been negligent, they are then required to pay damages to the victim’s family as a means of restitution.

Evidence That Can Be Used in a Wrongful Death Case

When pursuing a wrongful death lawsuit, you will likely need a number of documents throughout the process. Two of the most important ones you will need are the autopsy and death certificate. These official records confirm the decedent’s death and the manner in which the death occurred.

Other documentation that can be presented as evidence will be similar to that used in a personal injury claim. Any relevant documents, bills, photos, witness statements, testimonies, income records, and more can be used to support your claim and show the fault of the other party.

Easing Your Financial Burden With the Aid of Compensation

Losing a loved one is excruciating, and death caused by negligence only amplifies it further. Adding in the many expenses you may have to deal with upon their death can make the process of grieving them even more painful. However, recovering damages can ease your financial losses and help you receive the care and resources you need during this difficult time. Damages allow you to better focus on mourning and healing without the distraction of monetary logistics. According to Virginia Code § 8.01-52, you may be entitled to recover several types of losses, which typically fall into one of the following three categories:

  • Special damages: This category of damages focuses on the many expenses that you might incur in the wake of unexpectedly losing your loved one. To provide some relief, special damages allow you to recover the medical treatments the decedent received before death, their funeral and burial expenses, the deceased’s lost income, and any services and other provisions that were lost due to the decedent’s death.
  • General damages: This category of damages provides financial relief for the trauma you have experienced from their sudden death. While these losses are intangible, general damages help to alleviate your emotional and mental anguish, pain and suffering, and loss of comfort, companionship, and consortium.
  • Punitive damages: This category of damages is used specifically when the death of your loved one resulted from the negligent party’s willful disregard for others. As a punishment for their recklessness, they must pay you additional compensation for the severity of your losses.

Because every situation is different, the value and exact losses to be recovered can vary from case to case. Your lawyer will compassionately assess your losses with you and calculate their value to get a more accurate estimate of what you might be able to seek during your claim. While there are many factors that can affect the outcome, your lawyer will work relentlessly to secure you the maximum amount so there is no gap between your expenses and the amount of your settlement.

Limits to Recovery

If you are eligible to bring forth a wrongful death claim on behalf of your loved one, it is important to do so as soon as possible. Virginia Code § 8.01-244 allows individuals two years to file a wrongful death claim. Waiting too long to pursue legal action could result in the inability to recover your losses through compensation. The longer you wait can also affect the strength of your case, so it is important to contact an attorney as soon as possible.

Wrongful Deaths and Insurance Benefits

Another form of compensation you may be able to claim in a wrongful death case is any insurance benefits the decedent had and listed you as a beneficiary on. The death benefits from these policies can provide additional relief by compensating you for the loss of income from your loved one. It can also be used to resolve final expenses that must be settled in the wake of the decedent’s death. Moreover, while it is not applicable in every situation, death benefits are generally not taxed when they are withdrawn. It is important to consult with a lawyer and accountant when receiving insurance death benefits, as the plan type and method of withdrawal could impact and dictate the terms of use.

Beware of Insurance Companies

While the death benefits from a family member’s life insurance policy can be very helpful, dealing with insurance companies can often be quite challenging. To protect their bottom line, they will likely try to pay you as little as possible. It is also not uncommon for them to try to claim a policy technicality so they can deny your claim and avoid paying you completely. Having a lawyer review the policy and any offers from the insurance company is essential to ensure that you get all the compensation you are entitled to receive. A lawyer can also demand insurance companies act in good faith and negotiate with them so you receive the maximum amount from the policy.

Your Lawyer Paves the Way Forward to Secure Results

Wrongful death lawyers provide trusted and empathetic counsel to guide you through the loss of your loved one. They walk beside you to help you navigate the intricacies and nuances of a wrongful death case so you can get the results that you need. They are your ally and advocate, always protecting you from those who would take advantage of you during this vulnerable time in your life.

With the help of your lawyer, you can get justice on behalf of your loved one. Your lawyer will thoroughly investigate your loved one’s death and learn every detail of the accident to ensure that there is sufficient evidence and you have a strong case. They will develop a customized strategy designed to get maximum results based on your specific circumstances. They are equipped and prepared to stand up to insurance companies, present your case in court if it comes to that, and take any other action relevant to your case.

Wrongful death cases are often complex and require a skilled and experienced hand to maneuver through the many legal requirements that are associated with them. With each nuance and obstacle that may arise, lawyers adjust to meet the needs of the situation. They consistently respond with the most effective strategy or action that will get you the results you need. They will also safeguard you so you do not end up in an unwanted legal situation or receive less than you deserve.

Hiring a Lawyer is Feasible and Affordable

While the costs of hiring a lawyer might seem prohibitive, it can actually be quite within reach. To provide affordable legal services when you are in the midst of a challenging time, wrongful death attorneys often work on contingency. This means that you are not required to pay anything unless a lawyer wins your case. Attorney fees come directly out of your settlement.

Through this model, you can access legal representation and counsel when you need it the most without having to worry about the cost. Contingency fees aim to reduce your stress and financial burden. They also ensure that you and your lawyer are aligned on the outcome of your case so you can trust that they have your goals and best interests in mind.

Contact Our Wrongful Death Attorney Winchester VA Law Firm

Wrongful death cases can be overwhelming and exhausting. Dealing with legal and insurance claims and paperwork while you are grieving can make it harder to heal and get closure. However, this road is not one you have to walk alone.

Skinner Accident & Injury Lawyers will not let you suffer alone when you have lost a loved one due to a wrongful death. We care about both you and your claim and will work swiftly to resolve your case and provide clarity on the way forward. Contact our Winchester office to schedule your free consultation today and let our team help you through this difficult time.