Why Contact Tatum & Atkinson, PLLC The Heavy Hitters In A Wrongful Death Case?

Key Highlights:

• A wrongful death case in Virginia is very different from an average personal injury case in terms of the complexity that can be found in it.
• According to Virginia law, only the lawyer who represents the estate of the victim can make a wrongful death claim.
• For the winning cases, it is crucial to use preserved evidence, professionalism, and the experience of the lawyers representing them.
• A wrongful death attorney will handle all the insurance companies for you and prepare the case for trial on the assumption that the individual was obligated to care for you.
• In Virginia, it is necessary to file a wrongful case within two years after the occurrence of the incident.

Why Contact Tatum & Atkinson, PLLC – The Heavy Hitters in a Wrongful Death Case?

Nobody hopes to face the situation of losing a loved one at one point in their life, and handling this matter would be the last thing you want to think about. Handling wrongful death claim cases in Virginia is quite a challenge that requires determination and effort. 

Fortunately, when it comes to searching for the best fatal accident attorney, you won’t be alone in that. Find out more about the aspects that should be considered when handling such cases in Virginia.

Dealing with death is already complicated; however, dealing with the legal consequences of this incident is something that you don’t have to go through on your own. I am Robert Tatum, the founder of the Tatum & Atkinson Law Firm. Having ten years of experience in wrongful death lawsuits, our wrongful death lawyers have accumulated more than 65 years of experience.

Why is Legal Knowledge Necessary in Wrongful Death Actions?

Wrongful death action is not an accident action because, according to Section 8.01-50 of the Virginia Code, this claim should be filed by the representative of the deceased person who was officially appointed by the court and not by the grieving families. 

Furthermore, the individual who would be able to testify about what occurred is not available at the moment, and it is necessary to recreate all events from scratch. 

Damage assessment is based on the rights of the survivors in the family, and all is done in two years in general. However, family members are not supposed to carry out such work while they are mourning.

What Makes this Job Special and How We Perform it

Legal assistance in wrongful death actions usually requires turning the tragedy into facts. It requires the following three steps:

Assembling the Story of What Took Place

We investigate the fatal accident, the accident scene, police reports, witnesses, and evidence, and try to preserve the things that disappear quickly. In a trucking accident case, it can involve the mandatory federal logs of the driver and computerized data from the truck, which the trucker does not have to keep for a long time.

Case Demands Experts

The entire team approach is the key requirement of these kinds of complicated cases. The accident reconstructionist reconstructs how the accident took place, the physicians explain the cause of death, and the economist calculates the economic losses of the family, proving liability and real damage.

Negotiating with the Insurance Carrier

The other party wants to act expeditiously and extend a settlement offer while the family is grieving. We assume leadership of the negotiation process to relieve undue pressure from the family, and we handle each case as if it were going to trial.

Wrongful Death in Virginia

We handle cases in Virginia when there has been a wrongful death because of another person’s negligence, including the following:

• auto accidents
• truck accidents
• motorcycle accidents
• pedestrian accidents, and 
• workplace accidents 

Where there has been a death caused by negligent drivers, contractors, or other third parties. We work with southwest Virginia and its neighboring areas as a Cedar Bluff Personal Injury Law Firm, where death can occur quickly due to accidents on the mountain roads in these areas.

Damages You Can Recover in a Virginia Wrongful Death Suit

Virginia law outlines the damages you can recover in a Virginia wrongful death case, including in Virginia Code § 8.01-52: 

• mental anguish and 
• loss of the advice, comfort, and society of the decedent
• the reasonable expectation of the earnings that would be lost, along with the protection and care of the decedent
• medical expenses from the time of the last injury and 
• past hospitalization expenses and 
• funeral expenses. 

However, where wanton and willful conduct is involved, such as a drunk driving accident, then punitive damages could also be sought; however, the maximum amount that can be collected in Virginia is $350,000.

Experience of Working with Us

The first meeting is, as its name suggests, a discussion. 

• We listen, 
• clarify your position according to Virginia law, 
• and never force anyone to sign anything. 

Should we take up your case, we will keep you informed and do everything necessary so that you do not have to leave your family. Since all this is based on a contingency fee, there will be no need for you to pay anything up front or at any other time until we have results for you.

Discussing Your Virginia Wrongful Death Case with Tatum & Atkinson

If you are trying to determine whether you have a case, you do not have to come to that conclusion right now or even alone. The entire process of clarification is done free of charge and without obligations. Our Virginia wrongful death attorney and lawyers at Tatum & Atkinson have been representing Virginia clients for many years, from our office in Cedar Bluff in the region of southwest Virginia.

We can be contacted at (800) 529-0804 for a free case evaluation. We are contingency fee lawyers; we do not charge for representation unless you win the case, and the first telephone consultation is free.

Frequently Asked Questions!

Who can bring a wrongful death claim in Virginia?

However, this can only be done by the personal representative following the qualification from the court. The compensation is then paid to the statutory heirs of the surviving family rights, typically being the surviving spouse and children, then parents, and other statutory heirs as provided under the law.

How much time do we have to hire a lawyer?

Generally, two years from the date of death. What may seem like a lot of time, considering the nature of evidence and the fact that the lawsuit can only be filed after opening the probate estate, makes it advisable to start as early as possible with compassionate legal representation.

What happens if we do not know whether the death was someone else’s fault?

This is where the investigations come in. Just because you have to prove something before you come in does not mean you have to know everything. The consultation is free, and this might be the only means of knowing whether you even qualify to bring a wrongful death claim.

Is it relevant that Virginia is a contributory negligence jurisdiction?

It is very relevant. Virginia operates under the doctrine of contributory negligence. This means that any negligence of the deceased makes the case for accident litigation void.

How much do we need to pay for hiring the firm?

Nothing upfront. Personal injury cases are done on a contingency fee. We only take our payment if we secure one for your family.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.