Wrongful Death Lawyer Richmond

We’ve secured substantial compensation for our clients, including a $15 million award for a family in a tragic wrongful death case. Our legal team was able to achieve justice for her family twelve years after the case.

Contents

What is a Wrongful Death Claim?

How Does Virginia Define Wrongful Death?

Our Success Stories in Compensating Damages for Wrongful Death

Who Can File a Wrongful Death Claim in Virginia?

Why You Need a Richmond Wrongful Death Lawyer

Choosing the Right Richmond Wrongful Death Attorney

Recoverable Damages in Wrongful Death Cases

Types and Causes of Wrongful Death

What to Expect from the Wrongful Death Claims Process

Statute of Limitations in Richmond Virginia for Wrongful Death Cases

Wrongful Death Richmond VA FAQ’s

 

At Breit Biniazan, our dedicated team specializes in wrongful death cases, providing the expertise and commitment needed to navigate the complexities of these situations. If you’ve lost a loved one due to negligence in Richmond, VA, it’s critical to have experienced legal representation by your side. Richmond wrongful death lawyers understand the emotional and financial toll of losing someone due to another party’s negligence, and we are here to help you gather evidence, handle legal procedures, and negotiate with insurance companies.

Don’t face this difficult time alone—contact our Richmond team today at (804) 351-9040 or visit us at 2100 East Cary Street, Suite 310, Richmond, VA 23223, for the support and legal guidance you need.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action initiated by the surviving family members or beneficiaries of an individual who has died due to the negligence, recklessness, or intentional wrongdoing of another party. This type of claim is pursued in civil court to seek financial compensation for the losses and damages experienced by the surviving family members as a result of their loved one’s death. Unlike a personal injury claim, which is filed by the injured person themselves, a wrongful death claim is brought by the family members or beneficiaries of the deceased. This legal avenue allows the surviving family members to recover compensation for various damages, including medical expenses, funeral costs, lost income, and the emotional pain and suffering caused by the untimely death.

How Does Virginia Define Wrongful Death?

In Virginia, a wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. Essentially, if the deceased individual could have pursued a personal injury claim had they survived, then a wrongful death claim is valid. To establish a wrongful death claim, it must be proven that the wrongful act or neglect directly caused the death. The primary objective of a wrongful death claim is to provide financial compensation to the surviving family members and to hold the responsible party accountable for their actions. This legal framework ensures that families receive the support they need to cope with their loss and that negligent parties are held responsible for their conduct.

Our Success Stories in Compensating Damages for Wrongful Death

At Breit Biniazan, we have a proven track record of securing significant compensation for families who have tragically lost loved ones due to negligence. Our wrongful death attorneys are dedicated to seeking justice and holding responsible parties accountable. Some of our notable wrongful death case results include:

• $4.7 Million – Wrongful Death
  A tragic incident in a paper manufacturing plant resulted in the death of a worker due to a crane operation error. Our legal team fought diligently to secure $4.7 million in compensation for the victim’s family.
• $2 Million – Wrongful Death
  In a heartbreaking medical malpractice case, a young child lost their life due to a misdiagnosed vascular condition in the brain. While the verdict was reduced to Virginia’s statutory cap, we helped the family obtain $2 million in compensation for their profound loss.
• $1.95 Million – Wrongful Death
  Our legal team secured a $1.95 million verdict in a wrongful death case, ensuring the family received justice for their loved one’s untimely death.
• $1.35 Million – Wrongful Death
  A 36-year-old woman tragically died after complications during labor when the anesthesiologist failed to properly secure her airway during an emergency cesarean section. After prolonged oxygen deprivation, she passed away following 25 days in the ICU. We obtained $1.35 million for her family.
• $1.275 Million – Wrongful Death
  In a devastating accident, a man was hit by a racing motorcycle while riding his moped. He was thrown into a ditch and died at the scene. We secured $1.275 million in compensation for his family.

These cases reflect our commitment to fighting for justice and providing families with the financial support they need after a wrongful death.

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, a wrongful death claim must be filed by a personal representative on behalf of the deceased’s surviving family members and estate. The personal representative is typically appointed by the court and acts on behalf of the victim’s statutory beneficiaries—the individuals who are legally entitled to recover damages in a wrongful death case. A Virginia wrongful death claim involves a death caused by the wrongful act, neglect, or default of another party.

These statutory beneficiaries may include:

• The victim’s spouse
• The victim’s children, including grandchildren if the victim’s child is deceased
• The victim’s parents
• The victim’s siblings
• Other relatives who were financially dependent on the victim and part of the same household, whether related by blood, marriage, or adoption

If the deceased had no surviving family members, the right to file a wrongful death claim would go to the individuals eligible to inherit the victim’s estate under Virginia’s intestacy laws. This ensures that the deceased’s estate is represented, even if no immediate family members are present.

Why You Need a Richmond Wrongful Death Lawyer

Navigating a wrongful death claim involves several critical steps, and having a skilled Richmond wrongful death lawyer can help guide you through the process. Here’s how a lawyer will assist you every step of the way:

1. Conducting a Thorough Investigation: Your attorney will gather all necessary evidence, including witness statements, reports, and expert analysis, to build a solid foundation for your case.
2. Consulting with Highly Qualified Experts: Experienced wrongful death attorneys work with medical, financial, and accident experts to strengthen your claim and establish negligence.
3. Filing Your Claim Timely and Accurately: Ensuring all legal documents are properly prepared and filed within Virginia’s deadlines is crucial to keeping your case moving forward.
4. Seeking a Full and Fair Settlement: Your lawyer will negotiate with insurance companies and other parties to secure the best possible settlement for your family’s loss and suffering.
5. Taking Your Case to Court (If Needed): If a fair settlement isn’t reached, a seasoned attorney will represent you in court to fight for justice.
6. Collecting and Distributing Your Verdict or Settlement: Once a verdict or settlement is obtained, your attorney ensures that the compensation is collected and efficiently distributed to the rightful beneficiaries.

Having an experienced wrongful death lawyer ensures that each stage of the process is handled with care and professionalism, giving you peace of mind during a difficult time.

Choosing the Right Richmond Wrongful Death Attorney

Selecting the right Richmond wrongful death attorney is a critical step in ensuring that you receive the fair and just compensation you deserve. When choosing an attorney, consider their experience in handling wrongful death cases, their knowledge of Virginia laws and regulations, and their ability to provide compassionate and personalized representation. An experienced wrongful death attorney will help you navigate the complex legal process, gather necessary evidence, calculate the full extent of your damages, and negotiate with insurance companies to achieve a fair wrongful death settlement. The right attorney will not only provide expert legal guidance but also offer the emotional support needed during such a challenging time.

Recoverable Damages in Wrongful Death Cases

Families who have lost a loved one due to wrongful death may be entitled to compensation to help with the financial and emotional burdens that result from such a tragedy. A Virginia wrongful death lawsuit allows for the recovery of various types of damages, including both financial and emotional damages.

Economic damages aim to cover the tangible losses associated with the incident. These can include medical expenses incurred before the death, funeral and burial costs, the loss of the deceased’s future income and financial contributions, and any property damage resulting from the fatal event.

Non-economic damages are available to address the more intangible impacts. These damages compensate for the pain and suffering experienced by the deceased before death, as well as the emotional distress and mental anguish endured by surviving family members. Compensation can also be sought for the loss of companionship, care, guidance, and emotional support that the deceased would have provided.

In cases where the wrongful death was caused by willful or reckless behavior, punitive damages may be awarded to penalize the responsible party and discourage similar conduct in the future. In Virginia, punitive damages are capped at $350,000. These damages serve not only to punish the wrongdoer but also to send a message that such negligence or misconduct will not be tolerated.

Below are wrongful death damages stated by the code of Virginia and the Wrongful Death Act:

• Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
• Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;
• Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;
• Reasonable funeral expenses; and
• Punitive damages may be recovered for wilful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.

Types and Causes Of Wrongful Death

Wrongful death claims can arise from various situations where another party’s negligence or wrongful actions result in a fatality. Here are some of the most common types of wrongful death cases, along with the underlying causes:

Medical Malpractice

Fatal outcomes from medical errors, such as misdiagnosis, surgical mistakes, or medication errors, are among the most common wrongful death claims. Research from Johns Hopkins identifies medical errors as a leading cause of death in the U.S., contributing to over 250,000 fatalities annually.

Motor Vehicle Accidents

Accidents involving cars, trucks, motorcycles, or pedestrians often lead to wrongful death claims. Reckless driving behaviors like speeding, distracted driving, and driving under the influence are frequent contributors to these fatalities. In Richmond and throughout Virginia, traffic accidents claim numerous lives each year.

Criminal Acts

Intentional violence, such as shootings, stabbings, or assaults, can result in wrongful death. In addition to facing criminal charges, perpetrators can be held civilly liable through wrongful death lawsuits, allowing families to seek compensation.

Workplace Accidents

Unsafe working conditions, equipment malfunctions, or inadequate safety measures often result in fatal workplace accidents. Virginia experiences numerous fatal injuries each year in industries such as construction, manufacturing, and transportation.

Nursing Home Negligence

Elderly residents in nursing homes may suffer fatal harm due to abuse or neglect, including dehydration, malnutrition, and lack of adequate medical care. Families can file wrongful death claims against facilities that fail to provide the required standard of care.

Product Liability

Defective products, such as malfunctioning vehicles, faulty medical devices, or hazardous consumer goods, can lead to fatal injuries. Manufacturers and distributors can be held liable if their products fail to meet safety standards, and wrongful death claims can be pursued.

What to Expect from the Wrongful Death Claims Process

The wrongful death claims process can be intricate and time-consuming, but with the right attorney by your side, you can expect a thorough and determined pursuit of justice. The process typically begins with an initial consultation with an attorney, where you will discuss the details of your case and determine the best course of action. Your attorney will then gather evidence, including witness statements, medical records, and expert testimonies, to build a strong case. They will also calculate the damages you are entitled to, considering both economic and non-economic losses. The next step involves negotiating with insurance companies to reach a fair settlement. If a settlement cannot be achieved, your attorney will prepare for trial and represent you in court. Throughout the process, your attorney will keep you informed and updated on the progress of your case, ensuring that you receive the compensation you deserve for your loss.

Statute of Limitations in Richmond Virginia For Wrongful Death Cases

In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that you have two years from the day your loved one passed away to file a lawsuit against the responsible party. If legal action is not initiated within this period, you risk losing your right to seek compensation permanently.

The statute of limitations plays a vital role in wrongful death cases for several reasons. First, it ensures that claims are brought while evidence is still fresh and available. Acting promptly helps preserve key information, such as witness testimonies and physical evidence, both of which can fade or deteriorate over time. The sooner you act, the better the chances of building a strong case.

Second, the statute of limitations promotes the timely resolution of legal disputes. It prevents defendants from being under a prolonged threat of litigation, encouraging a more efficient legal process and providing closure to both parties. This timeframe motivates plaintiffs to seek justice without unnecessary delays.

There are some exceptions that may alter the two-year window. For example, if the wrongful nature of the death was not immediately discovered, the statute may begin when the wrongful act is discovered rather than the date of death. This is known as the “discovery rule.” Additionally, cases involving government entities may be subject to special notice requirements and shorter filing deadlines.

Given these complexities, it’s critical to consult with an experienced wrongful death attorney as soon as possible. At Breit Biniazan, our team will ensure you meet all necessary deadlines and understand any unique factors that may impact your case, providing expert guidance every step of the way.

Wrongful Death Richmond VA FAQ’s

What is the difference between wrongful death and a survival action in Virginia?

In Virginia, a wrongful death claim is brought on behalf of the deceased’s surviving family members to compensate for their losses, such as loss of financial support, companionship, and funeral expenses. In contrast, a survival action allows the deceased’s estate to pursue compensation for the pain and suffering, medical bills, and lost wages the deceased experienced between the time of injury and their death. Essentially, wrongful death focuses on the family’s loss, while survival actions focus on the harm to the deceased before they passed away.

Is wrongful death the same as negligence?

Wrongful death claims often stem from negligence, but the two are not identical. Negligence refers to the failure to exercise reasonable care, which directly causes injury or harm to another person. Wrongful death occurs when that negligence leads to the death of the individual. While wrongful death claims can be based on negligence, they may also arise from intentional acts, medical malpractice, or product liability.

What is wrongful death, and can you provide an example?

Wrongful death refers to a situation where a person dies as a result of another party’s negligence, recklessness, or intentional actions. An example would be a fatal car accident caused by a drunk driver. If the driver’s reckless behavior leads to the death of another person, the family of the deceased may file a wrongful death claim to seek compensation for their loss.

How much is wrongful death compensation?

At Breit Biniazan, our experienced wrongful death attorneys have secured significant compensation for our clients, including a $15 million settlement for the wrongful death of a loved one. Having a skilled attorney on your side can make all the difference in obtaining the maximum compensation your family deserves.

The amount of compensation in a wrongful death case can vary widely depending on the circumstances of the case. Compensation, often called damages, may cover funeral and burial expenses, medical bills incurred before death, lost wages, loss of financial support, and non-economic damages such as emotional distress and loss of companionship. In some cases, punitive damages may also be awarded if the death was caused by particularly egregious behavior.

Can you sue a doctor for wrongful death?

Yes, you can sue a doctor or healthcare provider for wrongful death if their negligence or medical malpractice directly led to the death of a patient. This could include errors in diagnosis, surgical mistakes, improper medication administration, or failure to provide appropriate care. In such cases, a wrongful death claim can be filed to seek compensation for the loss of a loved one due to medical negligence.

Can you sue a workplace for wrongful death?

Yes, it is possible to sue a workplace for wrongful death if unsafe working conditions, negligence, or employer misconduct led to a fatal accident. In some cases, families may be able to file both a wrongful death lawsuit and a claim for workers’ compensation death benefits. If a third party, such as a contractor or equipment manufacturer, was involved in the incident, additional legal claims might also be pursued. 

Schedule your free, confidential case evaluation with our Richmond legal team by calling (855) 496-2462.