Wrongful Death

Have You Lost a Family Member Because of Another Person’s Negligence?

Losing a loved one is hard enough. But losing a loved one due to the actions of another is downright devastating.

A wrongful death lawsuit can be sought for a number of reasons: medical malpractice or negligence, automobile accidents, defective or dangerous products, workplace injuries or intentional acts of other people.

You might want to know, “is it worth it to pursue a lawsuit?” That answer varies according to the situation and people involved. Potential damages that are recoverable include:

  • Any sorrow, mental anguish, and loss of solace suffered by the beneficiaries (solace may include society, companionship, comfort, guidance, kindly offices, and advice of the departed);
  • Any reasonably expected lost income of the deceased suffered by the beneficiaries;
  • Any reasonably expected loss of services, protection, care, and assistance which the deceased provided to the beneficiaries;
  • Any expenses for the care, treatment, and hospitalization prior to your loved one passing away;
  • Reasonable funeral expenses.

Wrongful Death Laws in Virginia

In Virginia, you, as a family member, are allowed to bring a wrongful death action when a person dies because of the negligence of another person, manufacturer, business or corporation. A lawsuit must be filed against the wrongdoer within two years of the death of the victim.

Here’s where it gets a little technical: the lawsuit proceeds in the name of the Estate and requires that an administrator be appointed to represent the Estate. As long as the administrator is a Virginia resident, the qualification process is not too lengthy. However, if the administrator is an out-of-state resident, the process can be time consuming, and it requires a personal appearance here in Virginia by the administrator.

Currently in Virginia, un-adopted stepchildren not related to the deceased do not qualify for distribution of funds established in a wrongful death case. Also, the beneficiaries are not fixed at the time of the death, but instead are determined at the time of the verdict or settlement.

Next Step: Speaking to a Qualified Attorney

Understandably, you have questions. And you want to know how to proceed and who to talk to.

A qualified attorney can help you determine if viable action exists and who the proper parties to the lawsuit would be. If you act quickly, it will help increase your chances. Why? Because these types of investigations may require some time, due to the complexities of the corporate set-up and the need to locate witnesses.

Attorney Paul Thomson: Experienced in Wrongful Death Cases since 1995

My name is Paul Thomson, and I know how devastating this time can be for you. As a Wrongful Death Lawyer, I have witnessed first-hand the emotional trauma, grief and hardship families like yours have gone through.

If you’ve lost a loved one due to the negligence of another, I can help. I’ve handled many of these types cases, including the:

  • Death of a truck driver resulting from medical negligence;
  • Death of an infant due to crib strangulation;
  • Death of a child due to a defective soccer goal;
  • Death of a truck driver in West Virginia;
  • Death of an assisted living resident killed by a train;
  • Death of an assisted living resident killed by a fall at the facility.

If you want to talk about the circumstances surrounding the death of your loved one with a highly experienced Wrongful Death Attorney, I will listen carefully and will provide you with honest, truthful answers. If I can be of help, don’t hesitate to reach out to me. Call me at (540) 777-4900 or toll free at 1-877-471-3353. There is no pressure, cost or obligation.