Posted: January 5, 2018
Losing a loved one is a traumatic experience for any family. When that loss is caused by someone else’s negligence the pain can be compounded by the need for answers and the desire for justice.
Attorney James Shoemaker can help you understand your legal rights to bring the at-fault party to justice. Call today at 757-223-4580 to talk to an experienced attorney about your wrongful death case.
What Is Wrongful Death?
Under Virginia law, a wrongful death is "caused by the wrongful act, neglect, or default" of another party. You can think of a wrongful death case as a personal injury case where the injured party did not survive, so their loved ones must pursue justice on their behalf.
Time Limits for Your Wrongful Death Case
Every state has enacted statutes of limitations for wrongful death cases. This means that you are limited in the time you have to file a wrongful death claim after you lose your loved one. In Virginia, if you do not file a lawsuit within two years, you will be barred from bringing one.
This does not mean that you should wait two years to consult an attorney. It is critical to investigate and collect evidence in your case as close to the time of injury as possible in order to build your strongest case.
If you have lost a loved one because of someone else’s negligence, it is imperative that you speak with an experienced wrongful death attorney as soon as possible to fully understand your rights and explore your options.
Understanding Your Right to Pursue a Wrongful Death Case
As a surviving family member, you may be able to pursue a case for wrongful death through a personal representative of the decedent to recover damages for your family. Under Virginia statutes, you may be entitled to recovery for the loss of a loved one if you are a:
- Surviving spouse
- Child of the deceased
- Grandchild of the deceased if your parents are also deceased
- Parents of the deceased
- Siblings of the deceased
- Any relative who was primarily dependent on the deceased for support
To fully understand whether you are entitled to recover damages for your loss, please consult with a qualified attorney, such as James Shoemaker.
Damages Available in a Wrongful Death Case
Damages available in a wrongful death action can include compensation for:
- Sorrow, mental anguish, and solace
- Loss of income of the decedent
- Loss of services, protection, and care provided by the decedent
- Medical expenses incurred for the decedent, including care and hospitalization for the injury that resulted in death
- Funeral expenses
- Punitive damages for the reckless conduct of the at-fault party
Call James Shoemaker Today for Your Consultation
Have you recently lost a loved one due to someone else’s negligence? To understand your rights and legal options, call experienced wrongful death lawyer James Shoemaker today at 757-223-4580 for your confidential case consultation.
Located in Newport News, Mr. Shoemaker represents clients throughout the Virginia, Virginia Beach, and Washington, DC, areas.