$793K
VERDICT WIN
MEDICAL MALPRACTICE
$1.3M
SETTLEMENT
AUTO ACCIDENT
$1.2M
SETTLEMENT
AUTO/TRUCK ACCIDENT
Hillsville Wrongful Death Lawyer
Some accidents in Hillsville are fatal and surviving family members are often left with major financial losses. At The Jackson Law Group, we have brought many wrongful death claims on behalf of family members. Contact us today if you have any questions. We can meet for a free consultation to discuss what happened and review the strength of your claim. A consultation with our Hillsville wrongful death lawyer is free.
Examples of Wrongful Death
According toVirginia law, a wrongful death is one caused by the wrongful act, default, or neglect of another person. Common examples include:
- Car accidents
- Truck accidents
- Falls
- Electrocution accidents
- Medical errors
- Assault and homicide
Filing a Wrongful Death Lawsuit
The estate’s personal representative must file the wrongful death case, and the deadline is two years from the date of the death. When your loved one has a will, then the personal representative should be identified in it. Otherwise, you will submit a request to the probate court to be named as the representative.
The representative can hire a lawyer to help them with the claim. This is a complex legal claim, so be sure to hire the correct law firm.
What Compensation Can You Receive?
Wrongful death cases are civil, not criminal. The defendant doesn’t go to jail if you win. Instead, the court will order the defendant to pay compensation for certain damages, including:
- The value of any services provided by the deceased;
- Lost income, wages, and benefits the deceased would have earned;
- Medical expenses to treat the deceased’s final illness or injuries;
- Funeral and burial expenses;
- Sorrow and mental anguish; and
- Other damages.
Compensation goes to “statutory beneficiaries” under the law. Although they don’t file the lawsuit, they are the ones who will receive any compensation awarded. Statutory beneficiaries are listed inVirginia Code § 8.01-53:
- Surviving spouse
- Surviving children
- Surviving parents and siblings, or any family member who lives with the deceased and was dependent on them (but only if there is no surviving spouse, children, or grandchildren)
If none of the above survive the decedent, then any surviving family member, including nieces and nephews.
How We Help with Wrongful Death Cases
Losing a loved one is a traumatic experience. You might not want to think about a lawsuit at all after a beloved person wins. However, you must meet the deadlines that apply. We can find evidence to establish what happened.
Suppose your loved one died in a car accident. The other driver who survived the crash might blame your loved one. We need evidence to show what happened so you can receive compensation.
Our firm will also negotiate a settlement with the defendant or their insurance company. We can review recent wrongful death cases to determine what is a fair amount of compensation. For example, insurers rarely agree to pay a fair amount for sorrow and mental anguish damages.
Contact Us for a Free Consultation
The Jackson Law Firm has established a reputation for providing excellent legal services to the community. A Hillsville wrongful death attorney can meet for a free consultation.