Chesapeake Wrongful Death Lawyer

Losing a loved one is an unimaginable tragedy, particularly when their death could have been prevented. When this happens, Virginia law dictates that you have the right to file a claim against the at-fault party for your damages. However, navigating this process can be challenging, from meeting the necessary requirements and deadlines to handling difficult conversations with different parties. You do not have to go through this alone.

If your loved one suffered from a wrongful death in Chesapeake, Huffman & Huffman Brothers-in-Law can help. Our experienced and dedicated wrongful death lawyers have represented Virginians for more than five decades and bring a caring and communicative approach to every case.

What is Considered “Wrongful Death” Under Virginia Law?

Under Virginia law, wrongful death is defined as death caused by the negligence or wrongdoing of another party in circumstances where the deceased could have filed a personal injury claim if they had survived. A wrongful death claim is a civil lawsuit you can file on behalf of the loved one you lost.

The key element to a wrongful death case is negligence. There must be an established act, or lack of action, that constitutes negligent behavior that led to the accident. In other words, a direct link between the at-fault party and the wrongful death must be present in order to file a claim with any chance of success.

What Are The Most Common Types of Wrongful Death Cases in Chesapeake?

There are many ways wrongful death can occur. In Chesapeake, here are a few of the most common:

• Motor Vehicle Accidents: By far, motor vehicle accidents—including car accidents, motorcycle accidents, and truck accidents—are one of the leading causes of wrongful death throughout the nation.
• Medical Malpractice: Doctors are required to uphold their duty of care for their patients. Negligence in the medical field can lead to lasting damages and even wrongful death.
• Premises Liability: Slip and falls and other incidents that occur due to hazards on a property can be fatal. It is the property owner failed to notice or address the hazard, they may be held liable in a wrongful death case.
• Defective Products: Products with design flaws, defects, or inadequate warnings can cause serious injury or death, regardless of whether they are simple household appliances or critical motor vehicle parts.

This short list is only a fraction of the types of wrongful death cases lawyers see on a regular basis. If the above cases do not align with yours, do not let that discourage you from getting legal assistance.

Am I Eligible to File a Wrongful Death Claim?

According to Virginia law, wrongful death claims can be brought by the personal representative of the deceased’s victim estate, who is named in the victim’s will, or an individual appointed by the court if no will exists. While only the personal representative can file a claim, the damages in a wrongful death claim are typically awarded to the victim’s family.

How Long Do You Have to File a Wrongful Death Claim in Chesapeake?

The statute of limitations for a wrongful death claim in Chesapeake is two years from the date of death. If you wait longer than two years to file, you generally lose the right to pursue compensation. Two years may seem like a lot of time, but wrongful death cases can be complex. Hiring a wrongful death lawyer in Chesapeake as soon as possible after your loved one’s passing can ensure you have time to build a strong case.

How Do You Prove Wrongful Death?

To prove wrongful death, you must show that the at-fault party did not, either through a negligent act or lack of action, provide sufficient duty of care to prevent the death from occurring. Part of this process involves gathering evidence surrounding the event, which may include witness testimony, photographs, CCTV footage, medical documentation, and police reports. It is important that you gather as much evidence as you can to make proving your case easier.

Calculating Wrongful Death Damages

There are several damages you can recover compensation for in the event of a wrongful death:

• Funeral and burial or cremation costs
• Medical expenses that are related to the injury or illness that led to death
• Loss of financial support
• Loss of consortium, otherwise known as loss of companionship
• Mental anguish and emotional suffering

So long as the damages you sustained are related to the loss of your loved one, you can fight to pursue compensation for them.

Chesapeake Wrongful Death Lawyer: FAQs

Are Wrongful Death Settlements Taxable?

Generally, no. Wrongful death settlements are not taxable. However, it is worth noting that in some extremely rare cases, you may be awarded punitive damages, which are taxable.

How Are Wrongful Death Settlements Paid Out?

There are two ways for wrongful death settlements to be paid out: a lump sum or structured settlement. A lump sum means you receive the full amount immediately. A structured settlement means that you receive payments over time in regular installments.

How Long Does It Take to Settle a Wrongful Death Case?

There is no concrete timeframe for settling a wrongful death case. A case may take months or even years because of a variety of factors, ranging from how complex the case is to how willing the at-fault party is to negotiate. This is why it is critical to file a claim as soon as possible.

Is Wrongful Death Civil or Criminal?

Wrongful death claims are a civil matter. The goal of a wrongful death claim is to ensure you are fairly compensated for your loss and to hold the at-fault party accountable for their part in the wrongful death. However, the end result is compensation, not a criminal penalty such as fines, penalties, or imprisonment.

Was Your Loved One in a Fatal Accident? Our Wrongful Death Lawyers in Chesapeake Can Help

Huffman & Huffman strives to help those who have lost their loved ones move forward and fight for the compensation they rightfully deserve. With years of experience under our belts, we have recovered millions on behalf of our clients. Allow our Chesapeake wrongful death lawyers to get you started with filing a claim today. Contact us today for a free consultation.