Wrongful Death Lawyer Virginia Beach

Are you dealing with the profound grief of losing a loved one due to someone else's negligence in Virginia Beach? At Breit Biniazan, our experienced wrongful death attorneys can help you secure the compensation you deserve

Contents

• Understanding Wrongful Death Claims
• Types and Causes of Wrongful Death
• Who Can File a Wrongful Death Lawsuit?
• Recoverable Damages in Wrongful Death Cases
• Statute of Limitations
• Breit Biniazan: Wrongful Death Attorneys
• Frequently Asked Questions About Wrongful Death Cases

We’ve recovered millions of dollars for our clients, including a $6,000,000 settlement for a tragic wrongful death case involving a truck driver. 

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 in Virginia Beach due to negligence, it’s crucial to have experienced legal representation to navigate the intricate legal procedures, gather evidence, and negotiate with insurance carriers and legal teams. Don’t face this challenging time alone—call our Virginia Beach team today at (757) 622-6000 for the support and guidance you need.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another party. In Virginia, wrongful death claims can be brought against individuals, companies, and even government entities responsible for a loved one’s death. These claims aim to compensate the surviving family members for their financial and emotional losses, and to hold the responsible parties accountable.

Types and Causes of Wrongful Death

Wrongful death claims can arise from various scenarios where another party’s negligence or wrongful act results in a fatality. Here are some common types:

Motor vehicle accidents

Motor vehicle accidents involving cars, trucks, motorcycles, and pedestrians are frequent causes of wrongful death. According to the Virginia Department of Motor Vehicles, Virginia Beach had over 2,720 traffic crashes in 2022, many resulting in fatalities. The financial impact of a loved one’s wrongful death can be overwhelming, including the burden of funeral expenses. Families may seek compensation for these costs through a wrongful death lawsuit.

Medical malpractice

Medical malpractice includes errors by healthcare providers such as misdiagnosis, surgical mistakes, and medication errors, leading to fatal outcomes. A study by Johns Hopkins suggests that medical errors are the third leading cause of death in the U.S, with more than 250,000 killed every year due to medical mistakes.

Workplace accidents

Workplace accidents can result from unsafe working conditions, inadequate safety measures, and equipment failures. In 2021, Virginia reported 118 fatal occupational injuries.

Product liability

Product liability involves defective or dangerous products, including faulty vehicles and unsafe medical devices, causing fatalities. The Consumer Product Safety Commission notes hundreds of deaths annually due to product incidents.

Nursing home abuse

Nursing home abuse and neglect can lead to the death of elderly residents. Issues include malnutrition, dehydration, and physical abuse.

Criminal acts

Criminal acts, such as intentional acts of violence like assault or homicide, can result in wrongful death claims alongside criminal charges.

The underlying causes of wrongful death are often linked to negligence or misconduct. Common causes include negligent driving, medical negligence, unsafe working conditions, defective products, elder abuse and neglect, and criminal behavior.

Negligent driving

Negligent driving, including driving under the influence, distracted driving, speeding, and reckless driving, are major causes of fatal accidents. The NHTSA reported 3,308 lives lost due to distracted driving in 2022.

Medical negligence

Medical negligence, including errors in diagnosis, treatment, surgical procedures, and medication administration, can lead to death. Preventable medical errors cause an estimated 98,000 deaths annually in the U.S.

Unsafe working conditions

Unsafe working conditions, such as lack of safety protocols, inadequate training, faulty equipment, and exposure to hazardous materials, contribute to workplace fatalities.

Defective products

Defective products, including poorly designed or manufactured products that lack proper warnings, can cause fatal injuries. Companies can be held liable if their products do not meet safety standards.

Elder abuse and neglect

Elder abuse and neglect, including inadequate supervision and physical or emotional abuse in nursing homes, can lead to the death of vulnerable residents.

Criminal behavior

Criminal behavior, such as intentional acts of violence like shootings and stabbings, can result in wrongful death claims.

Who Can File a Wrongful Death Lawsuit?

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. Eligible beneficiaries who can receive compensation include spouses, children, adopted children, stepchildren, grandchildren, parents, siblings, dependent family members, and other beneficiaries named in the deceased person’s will. Family members are entitled to monetary compensation for the loss they have suffered.

Recoverable Damages in Wrongful Death Cases

Families affected by wrongful death may be entitled to recover compensation to secure financial recovery for various damages caused by the incident. Economic damages cover medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident.

Non-economic damages include pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. In cases involving willful or reckless conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. Virginia caps punitive damages at $350,000.

Statute of Limitations

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 a two-year window from the day your loved one passed away to initiate legal action against the responsible party. If a lawsuit is not filed within this timeframe, you may lose the right to pursue compensation permanently.

The statute of limitations is a critical component of wrongful death cases for several reasons. Firstly, it ensures that claims are made while evidence is still fresh and more readily available, which can significantly impact the success of your case. Witness memories can fade over time, and physical evidence can be lost or deteriorated. Acting promptly helps preserve this crucial information.

Secondly, the statute of limitations encourages timely resolution of disputes. It prevents potential defendants from being under indefinite threat of litigation, which can create prolonged uncertainty. This legal timeframe also motivates plaintiffs to seek justice without unnecessary delay, promoting a more efficient legal process.

Certain exceptions might extend or shorten this two-year period. For instance, if the death was not immediately discovered to be wrongful, the clock may start ticking from the date the wrongful act was discovered, rather than the date of death. This is known as the “discovery rule.” On the other hand, if the wrongful death involves a government entity, special notice requirements and shorter timeframes might apply.

Given these complexities, it’s crucial to consult with an experienced wrongful death attorney as soon as possible to ensure that you do not miss critical deadlines and to understand any specific circumstances that might affect your case. At Breit Biniazan, our team can provide the guidance and expertise needed to navigate these legal requirements effectively.

Breit Biniazan: Wrongful Death Attorneys

At Breit Biniazan, we are dedicated to providing compassionate and effective legal representation for families affected by wrongful death. Our wrongful death attorneys are committed to helping you navigate the legal process, file claims, negotiate settlements, and ensure you receive the compensation you deserve. Our experienced and compassionate wrongful death lawyers understand the emotional and financial stress you are experiencing and are here to support you through this difficult time.

Our attorneys have decades of experience handling wrongful death cases and have a proven track record of success. We understand that every case is unique and provide tailored legal strategies to meet your specific needs. We have secured significant settlements and verdicts for our clients, helping them achieve justice and financial stability. We are committed to supporting you through this difficult time with empathy and understanding.

If you have lost a loved one due to someone else’s negligence, contact Breit Biniazan today for a free consultation. Our experienced wrongful death attorneys in Virginia Beach are here to help you navigate the legal process and seek the justice and compensation you deserve. Call us at (757) 992-8462 or visit our office at Virginia Beach 600 22nd Street Suite 402 Virginia Beach, VA 23451 to schedule an appointment and discuss your case.

Frequently Asked Questions about Wrongful Death Cases

What is a wrongful death claim?

A wrongful death claim is a legal action brought when someone dies as a result of another party’s negligent, reckless, or intentional actions. The purpose of such a claim is to seek compensation for the surviving family members for their financial and emotional losses. These claims can be filed against individuals, companies, or government entities responsible for the death.

Who can file a wrongful death lawsuit in Virginia?

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. Eligible beneficiaries who can receive compensation include spouses, children, adopted children, stepchildren, grandchildren, parents, siblings, dependent family members, and other beneficiaries named in the deceased person’s will.

What types of damages can be recovered in a wrongful death case?

Families affected by wrongful death may be entitled to various types of compensation. 

Economic damages include medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident. 

Non-economic damages cover pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. Punitive damages may also be awarded in cases involving willful or reckless conduct, with a cap of $350,000 in Virginia.

What is the statute of limitations for filing a wrongful death lawsuit in Virginia?

In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that the lawsuit must be initiated within this period; otherwise, you may lose the right to pursue compensation. There are certain exceptions, such as the discovery rule, which can extend this period if the wrongful nature of the death was not immediately apparent.

What should I do if I suspect my loved one’s death was wrongful?

Do you suspect your loved one’s death was wrongful? If so, it is crucial to seek legal advice immediately. Our experienced wrongful death attorneys can help you understand your legal options, gather necessary evidence, and file a lawsuit within the required timeframe. Acting promptly ensures that you preserve critical evidence and witness testimonies to strengthen your case. Don’t wait—call us today at (757) 992-8462 for the support and guidance you need.