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Wrongful Death

Virginia Beach Wrongful Death Lawyer

Justice & Compensation are Within Reach

Losing a loved one is devastating. Falling into debt due to their untimely passing adds insult to your emotional injury. It can be far too simple to feel like you are out of options and hope as new problems pile on top of your grief. Huffman & Huffman is here to show you that there could be a path to a brighter future no matter how bad things feel right now.

With the help of our Virginia Beach wrongful death attorneys, you can explore your legal right to compensation after someone else’s negligence ended the life of your loved one. A successful wrongful death claim or lawsuit can help you and your family progress the grieving process by eliminating your financial worries that came with your loved one’s death. At the same time, knowing that the liable party has been held accountable to some extent can help you reach peace of mind that previously seemed unachievable.

The legal representation you choose for your wrongful death case matters. Call us at (757) 330-3425 today.

Basics of Virginia Wrongful Death Laws

Under Virginia Code section 8.01-50, wrongful death is defined as death that has been caused by a third party’s “wrongful act, neglect, or default.” Essentially, if someone acts in a way that a reasonable person would not have, and that action ends someone else’s life, then it could constitute a wrongful death case. You can also think of a wrongful death claim as a personal injury claim that the deceased would have filed had their injuries or illness not been fatal.

Worth of a Wrongful Death Lawsuit

As mentioned, a wrongful death lawsuit can bring you and your family a sense of justice and possibly closure. However, it is important to not lose sight of the financial benefits that a successful wrongful death claim can bring. Untimely deaths often cause untimely debts, and a claim might be the only way you and your family can regain financial stability.

Damages that add to the total worth of your wrongful death claim are:

  • Medical bills for the deceased’s final treatments
  • Wages the deceased would have earned in their lifetime
  • Funeral and burial expenses “within reason”
  • Trauma endured by the claimants

You can also sue for the value of the care, companionship, guidance, and around-the-house support you once received from the deceased. Such damages can be abstract and concrete, depending on the approach used to calculate them. For example, if your spouse took care of all the household chores because you cannot do them yourself due to a disability, then you could demand compensation that pays for a lifetime of maid services.

Are You Allowed to File a Wrongful Death Action?

The claimants in a wrongful death case must belong to specific sets of people, as described in VC Section 8.01-53.

People who can file a wrongful death claim include the surviving:

  • Spouse and children or grandchildren
  • Parents and siblings
  • Relatives who lived with and were dependent on the deceased
  • Family members with a claim to inheritance from the deceased

The order of the potential claimants listed above is intentional. Surviving spouses and children have the first right to file a claim. If they cannot file a claim for whatever reason, then the surviving parents and siblings can, and so on down the list. Whoever files the claim does not change who can receive benefits from it, though.

Two-Year Statute of Limitations on Wrongful Death

Virginia uses a strict two-year statute of limitations for wrongful death claims, which begins on the day the deceased passes away, not necessarily when they become fatally injured or ill. You cannot file a claim after the statute of limitations ends and expect it to succeed – or even be heard by the court.

Our Virginia Beach wrongful death lawyers know how fast time can pass when you are grieving. You could be so focused on your emotional recovery that you don’t even notice that a year has passed since you lost your loved one. For this reason and more, we advise you call us at (757) 330-3425 immediately to see what needs to be done to file your claim and how much time there is left to do it.

We Take Some of the Stress Away from a Bad Situation

The grief you feel after losing a loved one cannot be avoided, and nothing can fill the gap in your life that was caused by their untimely passing. But with Huffman & Huffman on your side, you can start to see a way through that is both financially and emotionally rewarding. We hope to secure as much compensation in your loved one’s name as possible to give you the best possible chances of finding closure when everything is said and done. Thanks to our decades of collective legal experience, we know what needs to be done to create and pursue a valuable claim.

For more information, contact us whenever you are ready.

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