Hampton Wrongful Death Lawyer

Death is unfortunately a part of life. But when a death is prematurely caused by the negligence of another person, company, or other third party, the surviving family members have the right to pursue compensation for the hardship and trauma they’ve endured over the loss.

If you believe that your loved one’s death was caused by negligence, Huffman & Huffman Brothers-in-Law can help you file a wrongful death lawsuit. Here’s what you need to know about wrongful death suits in Virginia, including who can file one and what types of damages you can recover. If you’re ready to take the next step or have other questions, schedule a free consultation with our Hampton wrongful death lawyers today.

What Types of Accidents Lead to Wrongful Death Lawsuits in Hampton?

Virginia law defines wrongful death as any death caused by a wrongful act, neglect, or failure to act. Because this legal definition is broad, a wrongful death can occur in a wide variety of scenarios. Here are a few of the most common wrongful death examples that our firm sees every year:

Motor Vehicle Accidents: Car, truck, and motorcycle accidents claim hundreds of lives in Virginia each year. While some accidents are unavoidable, others are caused by negligence or recklessness—such as texting while driving or driving under the influence—that may justify filing a wrongful death suit.

Medical Malpractice: Healthcare professionals are legally and ethically required to avoid causing harm to their patients, whether intentionally or through negligence. If a patient’s death could have been prevented with proper care, their family may have grounds for a wrongful death claim.

Product Liability: Consumers expect the products they use or consume to be safe, but this isn’t always the case. Food contamination, toxic materials, and defective manufacturing can lead to preventable deaths, and when they do, families may have a wrongful death case.

Who Is Eligible to File a Wrongful Death Claim in Hampton?

While surviving family members are generally the ones who receive the final settlement in a wrongful death suit, they do not automatically have the right to file the suit itself, except in certain situations.

In most cases, the person filing the wrongful death suit must be the personal representative of the deceased person’s estate. To become a personal representative, they must be named in the person’s will as such. If there is no will or the will does not specify a personal representative, the court will name one on the family’s behalf—usually a family member, friend, or trusted associate.

As mentioned, there is one exception to this rule. In cases that involve the wrongful death of an unborn baby, the mother of the child may sue without the need for a personal representative.

Who Can Be Held Liable for a Wrongful Death?

Determining liability in a wrongful death case can be a complex task. It may fall on individuals, companies, organizations, the government, or even a combination of several different parties. Here are some examples of the parties that may be held liable in different cases:

Medical Malpractice

• Medical professionals: If a doctor, nurse, or other healthcare provider fails to diagnose or treat a condition properly or makes an error during a procedure, they can be held liable.
• Drug or device Manufacturers: If a company produces contaminated antiseptics or drugs or defective medical devices that lead to a patient’s death, the manufacturer can be held liable.
• Hospitals or healthcare facilities: If a hospital or other facility fails to meet safety standards or provides substandard care, it can also be responsible for a death.

Car Accident

• Drivers: If a driver is speeding, distracted, or under the influence of alcohol or drugs and causes a fatal crash, they can be held liable.
• Vehicle or parts manufacturers: If a design or manufacturing flaw contributes to an accident, the manufacturer of the car or part can be held responsible.
• Government entities: If poor road conditions or a lack of proper maintenance lead to the accident, the local government or municipality can be liable.

Premises Liability

• Property owners: If a death occurs on their property due to hazardous conditions like a slippery floor, the property owner may be liable.
• Tenants: If a death occurs on a rented property, the tenant (the person or company renting and managing the space) may be held liable.
• Contractors or maintenance companies: If contractors or maintenance crews fail to repair or address unsafe conditions, they can share liability for the fatality.

What Damages Can You Recover in a Hampton Wrongful Death Case?

Wrongful death damages are intended to compensate surviving loved ones of the deceased and are typically divided into two categories:

Economic damages: These types of damages include any financial hardship that the surviving loved ones of the deceased have to endure due to the wrongful death. This may include medical bills associated with the death, as well as funeral and burial costs. In cases where the deceased financially supported their spouse or other family members, lost wages may also be able to be recovered.

Non-economic damages: Non-economic damages include any hardship that doesn’t have a specific financial figure associated with it. This may include pain and suffering, loss of companionship, or trauma, including PTSD, anxiety, or depression.

Hampton Wrongful Death Lawyer: FAQs

How Long Do You Have to File a Wrongful Death Lawsuit in Hampton?

In most cases, two years from the date of death. While this may seem like a lot of time, wrongful death cases can take months or even years to resolve, so it is best to file as soon as possible.

Can You Sue for Wrongful Death if the Deceased was Partially at Fault?

In Virginia, the law can be tricky when it comes to cases where the deceased may have been partially at fault. Under Virginia’s contributory negligence laws, if the person who passed away is found to have played any role in their own death, their family may not be able to recover compensation from the at-fault party.

However, don’t be discouraged—each case is unique, and skilled legal counsel can help assess the specifics of the situation. A lawyer familiar with Virginia’s laws can help families explore all options and ensure they are pursuing the best possible outcome.

How Long Do Wrongful Death Cases Take?

It depends on the complication of the case and how effectively the deceased organized their estate. If the deceased designated a personal representative in their will and there’s ample and clear evidence of liability, the case could potentially wrap up in just a few weeks. However, in more complicated cases, it may take several months or even years to settle, especially if there are criminal charges and little supporting evidence.

Is There a Wrongful Death Lawyer Near Me?

Huffman & Huffman has multiple offices conveniently located near Hampton. Visit us at 12284 Warwick Boulevard, Newport News, VA 23606.

Get in Touch With a Hampton Wrongful Death Lawyer at Huffman & Huffman Today

As we’ve learned, wrongful death cases can be challenging to navigate, both from a legal and emotional perspective. Having handled wrongful death and other personal injury cases for more than five decades, you can trust our attorneys to guide you through your case with care and confidence. To get started on your case, contact us online or by phone to schedule your free consultation.