Practice AreasWrongful Death
Wrongful Death Claims
The compensation you receive through a wrongful death claim can’t bring your loved one back, but it can help you preserve your loved one’s memory. In some situations, the party who caused your loved one’s death will face criminal charges, but in other situations, filing a civil wrongful death claim may be the only justice and compensation available to you. In addition, your family member’s death may create financial hardships in your life. You could be dealing with expensive medical bills and funeral and burial costs, and you may be left without an income in your loved one was the provider for the family.
You deserve compensation so you and your family can move forward with your lives. Filing a wrongful death claim is legally complex and can be a difficult and stressful process, and you’re already dealing with so much. Attempting to navigate the process alone could be too challenging for yourself or your family. At our firm, we have over fifty years of collective experience and have successfully resolved hundreds of cases like this. To get our help with your case, contact one of the attorneys at the Halperin Law Center to see how we can help prove your case and secure a settlement on your behalf.
What Is a Wrongful Death?
Not every death is considered a wrongful death.
In a wrongful death case, the decedent must have died because of someone else’s negligence or a wrongful act. It’s important to remember the statute of limitations in the Commonwealth of Virginia, which states the deceased person’s family members have only two years to file a wrongful death claim, starts to run on the date of death. If you do not file a lawsuit within the prescribed time frame, you may lose your chance to recover compensation.
The laws regarding wrongful deaths can be difficult for those who aren’t experienced with the law and these kinds of cases. But your job isn’t to know the ins and outs of the law in the wake of the loss of a loved one—it’s ours. The attorneys with the Halperin Law Center can help you through the entire process while giving you a clear understanding of what to expect during your legal claim.
Who Can File for Wrongful Death?
Are you a personal representative of the deceased?
In Virginia, only the duly-appointed administrator or personal representative of the decedent can file a wrongful death claim. The compensation recovered in the resulting case will usually benefit family members of the deceased, including:
- The spouse and children of the deceased
- The deceased person’s parents or siblings
If a fetus is wrongfully killed, then the mother of the fetus can file a wrongful death claim. And, in cases where the deceased appointed no personal representative, the courts may appoint one. Ask your attorney about your family’s eligibility to file a wrongful death claim.
Wrongful Death Compensation
What do you deserve?
The personal representative or administrator of the estate of the deceased person can file a wrongful death claim on behalf of the beneficiaries for the following damages:
- Loss of companionship and guidance
- Sorrow and mental anguish caused by the loss of the loved one
- Loss of the deceased’s income (what the deceased person would have reasonably been expected to make had he/she lived)
- Lost protection, care, services, and assistance
- Medical expenses for the treatment of the deceased before death and related to the injury that caused the death.
- Funeral and burial expenses
- Punitive damages (in the case of malicious, reckless, or egregiously negligent conduct causing the death)
The Halperin Law Center is Here For You and Your Family
We're On Your Side
The loss of your loved one is not something you can change; however, filing a wrongful death claim is something you can do to provide for the family your loved one cared so much about. The compensation you may receive can help you pay for funeral expenses, lost income, and other financial hardships. Our attorneys are committed to helping you through this challenging time and fighting for the compensation you deserve.
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Frequently Asked Questions
This answer depends on a variety of factors, but in summary, the injury-causing accident must be the result of the wrongful act of another person or company. According to the Virginia Contributory Negligence law, in most circumstances if you are at all responsible for the accident or injury, you cannot recover. That being said, you should not necessarily trust the opinion or advice of an insurance company or claims adjuster as to whether or not you are at fault or contributed to the accident, as they may not (and likely do not) have your best interests in mind. Contact an attorney who specializes in personal injury or wrongful death law to make this determination.
Though very common, this is a difficult question to answer at the beginning of a case. Each case is different, involving multiple factors, many of which may be unknown at the time of your injury. In short, these types of cases are designed to compensate you for damages (physical and financial) you have suffered. The amount of compensation depends on factors such as: severity of the injuries and whether they were permanent or disfiguring; if a hospital stay was required; the amount of time (and/or pay) lost from work; the amount of your past and future medical bills; whether or not surgery was required; and/or available insurance coverage. An experienced personal injury attorney can help you determine the relevant specifics of your situation and estimate the potential value of your case.
The amount of time you have to make a claim from the date of the accident/injury depends on where the accident happened and the type of claim you are making. In Virginia, it is generally 2 years from the date of the injury, however there are some governmental claims that must be brought within a year. In the District in Columbia, it’s usually 3 years from the date of injury. In Maryland, it’s typically the same. However, there are exceptions, and you should contact a trial lawyer who specializes in personal injury or wrongful death cases in order to determine how long you have to file a claim.
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Whether you’ve been involved in an auto accident, a civil rights violation, or a personal injury, you can rest assured knowing a top-rate Richmond lawyer at Halperin Law Center will give you personalized attention, guidance, and support you deserve. We work tirelessly to help win the compensation and justice you deserve in your case.
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