Norfolk Wrongful Death Lawyer

When negligent individuals, businesses, and organizations cause injury to others, the victims have the right to seek legal damages. Wrongful death is essentially an extension of this doctrine and applies when the negligence results in the victim losing their life. Eligible family members are then able to pursue a wrongful death lawsuit to demand compensation.

If you’ve lost a loved one because of someone else’s negligence, we understand how overwhelming this time can be. At Huffman & Huffman Brothers-in-Law, we’re here to support you and help shoulder the burden by seeking the justice your loved one deserves. Let us stand by your side and fight for you when you need it most.

What is the Meaning of “Wrongful Death”?

Under Virginia law, wrongful death is a death that results from another party’s wrongful act or neglect. The act must be such that, had the victim lived, they would have been entitled to bring a personal injury claim against the at-fault party. In other words, wrongful death is akin to a logical extension of a personal injury claim. One major difference is the type of damages that the survivors can seek by filing a lawsuit.

Common Causes of Wrongful Death in Norfolk

Understanding the common causes of wrongful death in Norfolk and other areas in Virginia can help you make a case for the damages you and your family deserve. Some of those causes include:

• Car, truck, and motorcycle accidents: Vehicular accidents of any kind claim the lives of numerous victims each year and have many causes like drunk driving, distracted driving, and vehicle defects.
• Medical malpractice: Doctors, hospitals, and other medical professionals and establishments have a duty to provide a certain standard of patient care, but the failure to do so could be fatal.
• Defective products: Manufacturers of defective products can be held liable if a consumer or other individual is killed because of a manufacturing or design defect or failure to warn of the product’s risks.
• Premises liability: The owner or manager of a property has a duty to take reasonable steps to keep the premises free of hazards (or at least warn of them), but if they don’t, a visitor may be injured and killed.

Who Can File a Wrongful Death Claim in Norfolk?

In Virginia, only the executor (sometimes called the personal representative) of the deceased victim’s estate can file a wrongful death lawsuit. The personal representative is the person named in the victim’s last will and testament. If the victim died without a will, however, the court can appoint an administrator to serve in the same role. There is also an exception: If the victim was an unborn baby, the natural mother of the child has standing to file the lawsuit.

What Damages May Be Recovered in a Wrongful Death Case?

While wrongful death cases are similar to personal injury lawsuits, there are notable differences in the damages that are available. They include:

• Funeral and burial costs
• Medical bills for the treatment, care, and hospitalization of the victim prior to their death
• Emotional anguish and sorrow that stems from the loss of companionship, comfort, guidance, advice, or protection that the victim provided
• Loss of reasonably expected future income that the victim would have earned had they lived.
• In rare cases, particularly those that demonstrate egregious or malicious conduct, punitive damages may also be available.

While the personal representative or other authorized individual seeks these damages, the money will be paid to certain survivors, such as the deceased victim’s spouse, children, and others.

What Factors Affect the Chances of Winning a Wrongful Death Case?

Certain factors will make it easier to prevail on a wrongful death claim, either in court or through a settlement with the at-fault party. Among those factors are:

• The strength of your evidence: Videos, pictures, and eyewitnesses are some of the most powerful forms of evidence to prove a party’s wrongful acts. Your attorney will use a formal process known as discovery to obtain the evidence you need to make a case.
• Your ability to prove your damages: As mentioned above, there are numerous types of damages you can allege. But you as the plaintiff will bear the burden of proving both their nature and amount. Expert witnesses may prove useful for this purpose.
• Your ability to identify all potentially liable parties: Some wrongful death cases involve more than one at-fault party. The more defendants that you can name in a lawsuit, the higher the potential compensation. We fully investigate wrongful death claims to identify any individuals or entities who may have been responsible.
• Skilled legal representation: Although you may have used another attorney in the past (for example, to help with a traffic ticket), you will need a lawyer who has experience specifically with wrongful death lawsuits.

Get Help from a Compassionate Wrongful Death Lawyer in Norfolk

Losing someone is always difficult, but especially so when their death could have been avoided. To make matters worse, the emotional toll is nearly always compounded by financial struggles.

Choosing the right law firm to handle your case is an important decision, and we want you to feel confident in your choice. With extensive experience in wrongful death cases and a proven record of success, Huffman & Huffman is prepared to fight for you and your family. Contact us today to learn how we can guide you in moving forward during this challenging time.