Arlington Wrongful Death Lawyer

If you’ve lost a loved one due to someone else’s negligence, contact an Arlington wrongful death attorney at Breit Biniazan, we are here to support your family in the pursuit of justice.

Contents

• Understanding Wrongful Death Claims
• Definition of Wrongful Death
• Importance of Seeking Justice for Loved Ones
• Our Wrongful Death Success Stories
• Wrongful Death Causes and Figures
• Why Do You Need an Arlington Wrongful Death Lawyer?
• Wrongful Death Statute of Limitations
• Wrongful Death Damages
• Wrongful Death Settlements
• Wrongful Death Lawsuits
• Wrongful Death Insurance Claims
• Wrongful Death in the State of Virginia
• Wrongful Death and the Arlington Legal System
• Wrongful Death FAQs

When a crane operation error in a paper manufacturing plant led to the tragic death of a worker, Breit Biniazan fought tirelessly to secure justice for the grieving family, ultimately achieving a $4.7 million settlement on their behalf. We understand that no amount of compensation can replace a cherished life, but holding the responsible parties accountable can provide financial relief and a sense of closure.

Understanding Wrongful Death Claims

Wrongful death claims are a type of lawsuit filed when someone dies due to the defendant’s negligence, gross negligence, or intentional act. These claims allow surviving family members to seek compensation for the damages they have suffered as a result of their loved one’s death.

Whether the death resulted from a car accident, medical malpractice, or a workplace incident, wrongful death claims serve as a legal avenue for families to hold the responsible parties accountable. By pursuing these claims, families can obtain financial relief for medical expenses, funeral and burial costs, lost income, and emotional suffering, helping them navigate the difficult aftermath of their loss.

Definition of Wrongful Death

Wrongful death is a legal term that refers to a situation where an individual’s death is caused by the negligent, reckless, or intentional actions of another party. This can include a wide range of circumstances, such as motor vehicle accidents, medical malpractice, workplace accidents, and more.

For instance, if a driver’s reckless behavior leads to a fatal car crash, or if a healthcare provider’s negligence results in a patient’s death, these scenarios can be grounds for a wrongful death claim. Understanding the definition of wrongful death is crucial for families seeking justice and compensation for their tragic loss.

Importance of Seeking Justice for Loved Ones

Seeking justice for loved ones who have died due to someone else’s negligence or malice is crucial for families. Not only can it provide financial compensation for the damages they have suffered, but it can also help to hold responsible parties accountable for their actions.

This can be an important step in the healing process for families who have lost a loved one. Financial compensation can cover medical expenses, funeral and burial costs, and lost income, providing much-needed support during a challenging time. Moreover, pursuing justice can bring a sense of closure and ensure that similar incidents are less likely to happen to others.

Our Wrongful Death Success Stories

At Breit Biniazan, we understand the profound loss that accompanies a wrongful death. Our dedication to justice has led us to secure significant compensation for families whose loved ones were tragically taken due to negligence or misconduct. Here are some of the outcomes we’ve achieved for clients in wrongful death cases:

• $15 Million – Wrongful Death The Love family was awarded $15 million for the wrongful death of their daughter and sister, killed at the hands of George Hugueley. Twelve years after this tragic incident, the family finally received justice for her loss.
• $11 Million – Brain Injury, Car Accident, Wrongful DeathA husband and wife’s journey through Portsmouth turned tragic when a police chase ended with a vehicle running a red light and colliding with their car. The impact took the life of Calvin Majette and left his wife with a life-altering brain injury. This devastating accident led to an $11 million settlement, helping the family find some relief amidst the suffering.
• $6 Million – Wrongful DeathA truck driver lost his life in a tragic incident on a defendant’s property while preparing to offload cargo. As he unstrapped his cargo along a narrow dirt road, he fell into the path of an oncoming roll-off truck operated by one of the defendant’s employees. The severe injuries he sustained led to immediate death, and Breit Biniazan fought hard to secure $6 million in compensation for his grieving family.
• $4.7 Million – Wrongful DeathA crane operation error in a paper manufacturing plant resulted in a fatal accident, leaving a family devastated. Working as co-counsel, Justin Sheldon of Breit Biniazan helped secure a $4.7 million settlement for the family, offering them financial relief and a measure of accountability for the responsible party.
• $2 Million – Wrongful Death (Medical Malpractice)A young child’s life was cut short after a misdiagnosed vascular condition in the brain led to tragic consequences. Although Virginia’s statutory cap reduced the verdict, our team secured a $2 million judgment, providing the family with some measure of justice for their unimaginable loss.
• $1.95 Million – Wrongful DeathIn a wrongful death case, Breit Biniazan fought for a $1.95 million verdict, reflecting our commitment to helping families rebuild after tragedy.
• $1.4 Million – Wrongful Death (Workplace Accident)This case arose after Kevin Finck was fatally electrocuted on a job site in Accomack, Virginia. While working with a hoist cable, the equipment made contact with an overhead high-voltage power line, leading to fatal injuries. We secured $1.4 million for his family in recognition of the negligence that led to his tragic death.
• $1.35 Million – Wrongful Death (Medical Negligence)A 36-year-old mother tragically lost her life during an emergency cesarean section due to an anesthesiologist’s failure to secure her airway. This heartbreaking case ended in a $1.35 million settlement, providing a measure of justice for her family.

Each of these cases represents a life lost too soon. We fight for families to honor their loved ones and ensure those responsible are held accountable. If you’ve lost a loved one due to someone else’s actions, we’re here to help you pursue justice. Our dedicated wrongful death lawyers understand the complexities of the legal system and are committed to guiding you through this difficult time.

Wrongful Death Causes and Figures

Wrongful death cases can encompass a wide range of circumstances, each requiring a thorough investigation to determine liability. Some common types of wrongful death cases include:

Wrongful Death Statistics in the U.S.

Wrongful deaths remain a significant public health concern in the United States, often leaving families reeling from unexpected and preventable losses. According to the CDC’s National Vital Statistics System, unintentional injury ranks as the third leading cause of death in the U.S., accounting for 227,039 deaths in 2022 alone, equating to a rate of 68.1 deaths per 100,000 people. These incidents span various causes, each devastating in its own right:

Unintentional Fall Deaths

Falls resulted in 44,630 deaths in 2022, with a rate of 14.0 deaths per 100,000 people. Often affecting older adults, these accidents highlight safety issues that can lead to tragic outcomes.

Motor Vehicle Traffic Deaths

Road accidents claimed 44,534 lives in 2022, translating to 13.4 deaths per 100,000 people. Negligent driving, impaired driving, and poor road conditions contribute to these alarming figures.

Unintentional Poisoning Deaths

Poisoning, largely driven by the opioid crisis and accidental overdoses, caused 102,958 deaths in 2022, at a rate of 30.9 deaths per 100,000 people.

Medical Malpractice

Beyond accidental injuries, medical malpractice has also emerged as a prominent cause of preventable deaths. A recent study by Johns Hopkins suggests that over 250,000 Americans lose their lives annually due to medical errors, underscoring the critical need for accountability in healthcare settings.

Workplace Accidents

Analysis of Fatal Occupational Injuries (2018-2022)

From 2018 to 2022, fatal occupational injuries affected various industries, with transportation and material moving occupations consistently facing the highest fatalities each year. Here are key insights:

Transportation and Material Moving Occupations
This category experienced the most fatalities, with 1,620 deaths in 2022 alone, an increase from previous years. The subgroup “motor vehicle operators,” which includes truck drivers and delivery drivers, had the highest number of deaths within this category, reaching 1,198 fatalities in 2022. The high number of motor vehicle operator deaths underscores the risks associated with road-based occupations.

Construction and Extraction Occupations
Fatalities among construction and extraction workers were also notably high. In 2022, there were 1,056 deaths in this category, which includes 811 fatalities among construction trades workers. This trend reflects the inherent dangers in construction environments, such as exposure to heavy machinery, hazardous materials, and high elevations.

Building and Grounds Cleaning and Maintenance Occupations
This occupation consistently saw high fatality rates, with 352 deaths in 2022. Within this category, grounds maintenance workers accounted for 222 fatalities. Hazards in this field include falls, exposure to extreme weather, and equipment-related accidents.

Protective Service Occupations
These roles, encompassing law enforcement and firefighting, reported 335 fatalities in 2022, up from 270 in 2018. Law enforcement occupations specifically showed significant risks, although detailed data on yearly figures was limited for recent years.

Farming, Fishing, and Forestry Occupations
This category reported 223 deaths in 2022, with agricultural workers accounting for 146 of these fatalities. Risks include exposure to heavy machinery, dangerous chemicals, and unpredictable animal behaviors, especially on farms.

This data highlights that jobs involving significant physical risk, machinery, and transportation account for the highest number of workplace deaths. It underscores the need for enhanced safety regulations and support for workers in these high-risk occupations.

Slip and Fall Accidents

Slip and fall accidents are a common type of wrongful death case. These accidents can occur when a person slips or falls on a surface that is slippery, uneven, or otherwise hazardous. In some cases, these accidents can be fatal, and surviving family members may be able to file a wrongful death claim to seek compensation for their losses. Property owners have a duty to maintain safe premises, and when they fail to do so, resulting in a fatal accident, they can be held liable. Compensation from a wrongful death claim can help cover funeral and burial costs, medical expenses, and other related damages, providing some relief to grieving families.

Why Do You Need An Arlington Wrongful Death Lawyer?

Losing a loved one due to someone else’s negligence is emotionally and financially devastating. Pursuing justice through a wrongful death suit can help you hold the responsible parties accountable, but these cases are often complex, involving extensive investigations, negotiations, and legal nuances. That’s why having an experienced Arlington wrongful death lawyer from Breit Biniazan by your side can make a meaningful difference. Our attorneys bring a deep understanding of Virginia’s wrongful death laws and a commitment to securing the maximum compensation for your family.

At Breit Biniazan, we handle all aspects of your case, from gathering crucial evidence and working with experts to negotiating with insurance companies and representing you in court if necessary. We are dedicated to providing compassionate support throughout the legal process, allowing you to focus on healing while we fight tirelessly for justice and compensation on your behalf. Trust Breit Biniazan to stand up for your family’s rights and honor the memory of your loved one with the dedicated legal representation you deserve.

Who Can File a Wrongful Death Claim in Virginia

In Virginia, only certain individuals are allowed to file a wrongful death claim. These individuals include the surviving spouse, children, and, in some cases, parents or siblings of the deceased. If there are no immediate family members, the personal representative of the deceased person’s estate may be eligible to file a claim. Understanding who can file a wrongful death claim is essential for families seeking justice and compensation for their loss.

Surviving Spouse

The surviving spouse of the deceased person is typically the first person who can file a wrongful death claim. This includes spouses who were separated but still legally married at the time of the deceased person’s death. The surviving spouse may be able to seek compensation for a wide range of damages, including funeral and burial costs, medical expenses, and lost wages. Additionally, they can claim for the loss of companionship, guidance, and emotional support provided by the deceased. Having an experienced Arlington wrongful death lawyer can help navigate the complexities of the legal process and ensure that the surviving spouse receives the compensation they deserve.

Wrongful Death Statute of Limitations

It’s important to note that there is a limited window of time within which a wrongful death claim can be filed. This time frame is known as the statute of limitations. In Virginia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s passing;failing to file within this time frame may result in the forfeiture of the right to seek compensation.

Wrongful Death Damages

Surviving family members may be entitled to various types of damages in a wrongful death case, including:

• Medical Expenses: Compensation for medical bills and expenses related to the deceased person’s final medical care.
• Funeral and Burial Costs: Reimbursement for funeral expenses, burial or cremation costs, and other associated fees.
• Lost Income: If the deceased was a primary breadwinner, the family may be eligible to receive compensation for the income the deceased would have contributed over their lifetime.
• Mental Anguish: Compensation for the emotional pain and suffering experienced by surviving family members.
• Loss of Consortium: Damages to compensate for the loss of companionship, guidance, and support provided by the deceased.

Wrongful Death Settlements

In many cases, wrongful death claims are resolved through settlements rather than going to trial. A settlement involves an agreement between the surviving family members and the responsible party or their insurance company. Arlington wrongful death lawyers play a pivotal role in negotiating these settlements, ensuring that the terms are fair and just.

Settlements offer several benefits, including:

• Faster Resolution: Settlements typically result in quicker resolution compared to lengthy court trials.
• Reduced Costs: Avoiding a trial can save both parties significant legal expenses.
• Privacy: Settlement negotiations are often confidential, allowing families to avoid the public nature of a trial.

Wrongful Death Lawsuits

If a fair settlement cannot be reached, a wrongful death lawsuit may be necessary. This involves taking the case to court, where a judge or jury will determine the outcome. While lawsuits can be more time-consuming and costly, they are sometimes the best option to ensure that surviving family members receive the compensation they deserve.

Wrongful Death Insurance Claims

In many cases, the liable party’s insurance coverage comes into play when seeking compensation for wrongful death. Whether the incident was a car accident, medical malpractice, or another type of incident, insurance coverage can provide financial support to the victim’s family. Arlington wrongful death attorneys have experience dealing with insurance companies and can navigate the claims process on behalf of their clients.

Wrongful Death in the State of Virginia

Each state has its own laws and regulations regarding wrongful death claims. In Virginia, only specific individuals are allowed to file a wrongful death claim. This typically includes surviving spouses, children, and in some cases, parents or siblings of the deceased. If there are no immediate family members, the personal representative of the deceased person’s estate may be eligible to file a claim.

Wrongful Death and the Arlington Legal System

Arlington follows the legal principles of contributory negligence. This means that if the deceased person is found to have contributed in any way to their own death, the surviving family members may be barred from recovering damages. Having a skilled wrongful death lawyer by your side is crucial in presenting a strong case that establishes the liability of the responsible party.

Arlington wrongful death lawyers at Breit Biniazan play a vital role in guiding surviving family members through the legal process, ensuring their rights are protected, and advocating for fair compensation.

Just give us a call at  (703) 291 6650 to schedule your free, confidential case evaluation with our Arlington legal team.

Wrongful Death FAQ’s

What are the elements of a wrongful death claim in Virginia?

In Virginia, a wrongful death claim must establish four elements: duty, breach, causation, and damages. This means proving that the defendant had a duty of care toward the deceased, breached that duty, and that this breach directly caused the death, resulting in measurable damages to the family.

Can the VA be sued for wrongful death?

Yes, the U.S. Department of Veterans Affairs (VA) can be sued for wrongful death under certain circumstances. However, claims against the VA are governed by the Federal Tort Claims Act (FTCA), which has strict rules, including specific time limits for filing and limitations on the types of claims allowed.

How does a wrongful death settlement work?

A wrongful death settlement is an agreement reached between the parties involved to resolve the case without a trial. Typically, settlements cover compensation for medical expenses, lost wages, pain and suffering, and loss of companionship. The settlement amount is divided among eligible family members according to Virginia law.

What is the legal definition of wrongful death?

Wrongful death occurs when a person’s death is caused by another’s wrongful act, neglect, or default, which would have entitled the victim to file a personal injury claim had they survived. In Virginia, wrongful death cases allow the family of the deceased to seek compensation.

What is causation in wrongful death?

Causation in wrongful death refers to the direct link between the defendant’s actions and the death of the victim. To succeed in a wrongful death claim, it must be shown that the defendant’s negligence or intentional conduct was the actual cause of the deceased person’s death.

What is the most you can sue for wrongful death?

Virginia does not have a specific cap on the amount that can be awarded in wrongful death cases, though there may be limits in cases involving certain defendants, like government entities. Damages typically cover medical costs, funeral expenses, lost income, and other compensatory damages.

What’s the difference between homicide and wrongful death?

Homicide is a criminal act where someone unlawfully causes another person’s death, leading to criminal prosecution. Wrongful death, however, is a civil matter where the deceased’s family sues for damages resulting from the death. Both can occur simultaneously, but they follow separate legal processes.

What type of tort is wrongful death?

Wrongful death is considered a civil tort, specifically a type of personal injury tort, allowing the family of the deceased to sue for damages resulting from the wrongful act that caused their loved one’s death.