Dealing with a death in the family is never easy—especially if the death was caused by another party. In Virginia, this is called a wrongful death. If your loved one suffered a wrongful death, you and your family may be able to recover compensation from the at-fault party.
No amount of money can fill the void left by your loved one’s death. But compensation can help your family move forward and get through this challenging time together. Take the first step towards seeking justice for your loved one by contacting the wrongful death attorneys at Malloy Law Offices, LLC today.
The law in Virginia defines a wrongful death as a death caused by the “wrongful act, neglect, or default” of another party. A wrongful death case can arise whenever someone is killed in an accident that was not their fault. Some of the most common types of wrongful death cases involve:
The victim’s surviving family members can take legal action against the party responsible for their loved one’s death. The purpose of a wrongful death claim is to compensate the surviving family members for the losses they have suffered as a result of their loved one’s death.
Each state has its own laws that govern who can file a wrongful death lawsuit. In Virginia, the law states that a wrongful death lawsuit must be filed by the personal representative of the victim’s estate. The personal representative may be someone who was appointed by the victim prior to their death. But if no personal representative was appointed by the victim, the court may appoint someone to this role.
The personal representative may file the suit, but the compensation that is recovered will be distributed to the victim’s family members. The personal representative will distribute the compensation to the victim’s surviving spouse, children, and parents. The victim’s siblings and other relatives may recover compensation if there is no surviving spouse or children.
The surviving family members may hold the at-fault party financially responsible for their loved one’s death. By filing a wrongful death claim, the surviving family members can win for compensation for:
Punitive damages may also be awarded to surviving family members under certain circumstances. Punitive damages are not awarded to compensate the victim’s family for specific losses, but rather to punish the defendant. The court may award this type of compensation in a wrongful death case if it is determined that the defendant engaged in willful or wanton conduct or showed a disregard for the safety of others.
The value of a wrongful death claim can vary drastically on a case-by-case basis. If you are interested in learning about the value of your claim, contact the wrongful death attorneys at Malloy Law Offices, LLC to discuss your case.
Handling a legal claim is always stressful, but it’s especially difficult for families who are still in the process of grieving the loss of their loved one. You need time to mourn the loss of your loved one, which is why you should seek legal representation from Malloy Law Offices, LLC. Let our wrongful death lawyers handle every aspect of your legal claim so you can get the time you need to deal with this unexpected tragedy. We take great pride in helping families secure the compensation they deserve. Let us fight for you and your family.
Losing a loved one is a gut-wrenching and devastating experience, especially if your loved one suffered a wrongful death. If you are reeling from the loss of a loved one, turn to the trusted wrongful death attorneys at Malloy Law Offices, LLC. Our compassionate attorneys will aggressively pursue the compensation you and your family needs to make it through this trying time. To schedule a free consultation, call 703-214-4752 or submit your information using the form on this website.