Why Hire A Law Firm In Virginia When There Is Death?
Key Highlights:
- A Virginia wrongful death lawyer can only file the wrongful death claim through the personal representative of the deceased person’s estate.
- Essential information can disappear in a matter of weeks; a Virginia wrongful death law firm saves it immediately.
- Virginia’s 1% Rule could bar your wrongful death claim; insurance companies will look for it.
- Damages include burial costs, lost income, and lost society.
- The statute of limitations is usually two years from the date of death.
Why Hire a Law Firm in Virginia When There Is Death?
The grief from the loss of someone due to the negligence of another is tragic enough without having to deal with conducting an investigation and battling insurance companies. That’s what a Virginia wrongful death attorney does for you, so your family can be there for each other during this difficult time.
My name is Robert Tatum, and I work as an attorney at the law firm of Tatum & Atkinson, licensed to practice in Virginia. As a veteran-owned wrongful death law firm since 2006, we have over 65 years of collective experience with Virginia wrongful death lawyers and Virginia wrongful death attorney cases in the state.
In case you have to make a wrongful death claim due to an accident brought about by negligence, then we are well aware of the issues of contributory negligence, personal representatives, and insurance defense attorneys.
Definition of a Wrongful Death Action in Virginia
According to Va. Code § 8.01-50, a wrongful death claim exists if a person died due to “the wrongful act, neglect, or default” of another. The civil lawsuit is brought by the personal representative on behalf of the family members and is designed to help them recover their losses resulting from such an unfortunate event.
Why Retaining a Firm Is Important after a Lethal Accident Occurs
At such a hard time, when grieving people face strict deadlines, vanishing evidence, and insurance companies preparing their defense, it is the wrongful death law firm that shoulders all the burden.
In addition, fatal accident cases have a variety of different origins, such as:
- automobile accidents
- motorcycle accidents
- fatalities of pedestrians
- trucking accidents and
- workplace incidents involving a negligent third party.
However, Virginia allows more grounds for wrongful death claim actions, including those that are medically or product-related.
How Does a Firm Investigate and Identify Who Is At Fault?
A wrongful death claim relies on facts and evidence, and the investigation process begins right away. As part of it, a firm usually does the following:
- Obtains crash/incident report and official findings
- Serves preservation letters for videos, black boxes, and other documentation
- Interviews witnesses before their memory fades away
- Engages accident reconstruction and other specialists
Moreover, it identifies all parties who could be liable for the loss: both the at-fault driver and the employer, trucking company, or contractor, and their insurers.
The 1% Rule and the Insurance Company
Virginia follows strict contributory negligence, and if there is even 1% of negligence on the part of the deceased, the family is not allowed to receive anything.
This is known to the insurers; hence, they might offer a prompt low settlement before the family learns about its value, records statements, or finds ways to place a fraction of responsibility on the deceased. The wrongful death law firm prepares the family for this.
Types of Damages a Virginia Wrongful Death Claim Can Recover
According to Virginia Code § 8.01-52, the family may be compensated for:
- funeral expenses
- medical expenses associated with the last injury
- compensation for the income the deceased person would have generated
- and the loss of services the deceased provided in terms of companionship, maintenance, guidance, and support.
If the actions were willful or reckless, the family may receive punitive damages. Valuation of such damages constitutes a big chunk of the Virginia wrongful death lawyer’s job.
The Time Limit and Common Errors Committed by the Family
There is a two-year limit for filing a wrongful death claim after the death in Virginia, and the estate must be opened. When dealing with their claims on their own, families commit some serious mistakes:
- Providing the insurance company with a recorded statement
- Receiving a fast settlement with a small amount, which is usually way less than the claim
- Waiting too long when evidence can get lost or forgetting to open the estate on time.
Lost a Loved One in Virginia? Talk With Tatum & Atkinson
This kind of pain is hard enough; there is no need to work on a legal part as well when you grieve, especially because of what is free. Tatum & Atkinson is a wrongful death law firm representing the victims of Virginia’s negligence from the office in Cedar Bluff, which covers the region of southwest Virginia.
Virginia cases are being taken care of by Robert Tatum, a Virginia wrongful death attorney admitted to practice in Virginia. The Heavy Hitters conduct an investigation of the fatal accident, collect all the evidence, negotiate with the insurance company, and fight for your full compensation so that you can concentrate on each other.
You can call us at (800) 529-0804 for a free consultation, absolutely free, until we bring your recovery.
Frequently Asked Questions!
The insurance company made an offer of settlement; do we still need an attorney?
Mostly yes. Usually, such offers come very early, when the family does not know the value of the wrongful death claim yet, and the offered amount is way lower than the lifetime income loss.
How much does it cost to engage a wrongful death firm?
Absolutely nothing. Wrongful death claim cases are handled on a contingency basis, which means that the wrongful death law firm gets payment only from the compensation, and if there is none, the family does not owe any attorneys’ fees.
How long does a Virginia wrongful death lawsuit last?
Depends on many factors; some cases settle quickly in less than a year, while others may take more time if there is a contributory negligence controversy, multiple defendants, or if litigation looks likely.
How does one find out who is at fault?
It is perfectly usual and not something that should be worked out on your own. Ascertaining the negligence of one of the parties is a central point of an investigation; often enough, the report, the evidence, and its analysis show who is at fault when a family cannot see it. Far better to leave a Virginia wrongful death lawyer to work out the facts than to conclude that there are no grounds for a claim.
To whom does the money go if there is a recovery?
Not to your loved one’s will, the state decides on this matter. Virginia laws provide for certain designated beneficiaries to receive the compensation, usually the spouse and children first, then other relatives; and the court will have to approve the distribution of the settlement.
