Winchester, VA Wrongful Death Attorneys

Experienced Lawyers Helping Family Members Address the Wrongful Death of a Loved One in Winchester

Even though people die every day, these situations can be difficult for families. While any death can be difficult to deal with, the loss of a loved one in an accident or another situation involving negligence can lead to emotional turmoil and financial difficulties in addition to the grief and sorrow that may affect a family. When a wrongful death occurs, surviving family members can take steps to get justice for their loved one and ensure that they will have the resources to deal with their loss.

Through a wrongful death claim, a person, business, or organization that was responsible for someone's death can be held accountable, and a family can receive financial relief to address the losses they have experienced. The team at Parthemos, Curran, Buelow and Polizzi, PLLC understands the devastation families experience after losing a loved one, and we provide compassionate legal representation to people who are seeking justice in Winchester, Virginia. With our experience in personal injury law, we can help families navigate the legal process and recover the compensation they deserve.

Situations That May Lead to a Wrongful Death Claim

When a person dies due to the negligence, recklessness, or intentional misconduct of another party, their surviving family members can take legal action against the people or parties who were responsible. Wrongful death claims may address fatal injuries in situations such as:

• Motor Vehicle Accidents: Fatal crashes may be caused by negligent drivers, including those who are intoxicated, distracted, or speeding. Car accidents, truck accidents, motorcycle crashes, and pedestrian collisions can also result in fatal injuries.
• Workplace Accidents: Fatal injuries can occur in dangerous workplaces, such as construction sites or industrial settings. A family may receive death benefits through workers' compensation, or third-party wrongful death claims may be possible if someone other than the victim's employer was responsible for a work-related death.
• Defective Products: Manufacturers and designers of consumer goods, medical devices, or pharmaceuticals may be liable if a defective product causes a person's death. Examples include faulty airbags, dangerous prescription drugs, or unsafe machinery.
• Premises Liability: Property owners have a duty to protect the safety of people who visit their properties. Fatal accidents may occur due to slip and fall hazards, inadequate security, or dangerous conditions at a business, rental property, or public space.
• Criminal Acts: If a person dies because of an assault, homicide, or other intentional harm, the responsible party may be held financially liable through a wrongful death claim, in addition to any criminal charges that may apply.

Who Can File a Wrongful Death Claim in Virginia?

Virginia law specifies who is eligible to file a wrongful death lawsuit. The claim must be brought by the personal representative of the deceased person's estate. This may be the executor named in the deceased person's will or another person who was appointed by the court.

While a personal representative will file a claim, the damages recovered will be distributed to the deceased person's beneficiaries, who are prioritized in the following order:

1. The person's surviving spouse and children (or grandchildren, if a child of the deceased is also deceased).
2. If there is no surviving spouse or children, the deceased person's parents, siblings, or other relatives who were financially dependent on them may be eligible.
3. If no immediate family members exist, other relatives who are entitled to inherit from the deceased person may receive compensation.

Our attorneys can help ensure that the proper beneficiaries are identified in a wrongful death claim. We will make sure all legal requirements are met so that a claim will be handled correctly.

Damages Available in a Wrongful Death Case

Surviving family members may be compensated for both economic and non-economic losses they have experienced because of their loved one's death. Compensation may include:

• Medical Expenses: Costs related to the deceased person's medical treatment before their passing, including hospital bills, surgeries, and emergency care.
• Funeral and Burial Costs: Expenses associated with the deceased's funeral, burial, or cremation, as well as any memorial services.
• Loss of Financial Support: Compensation for the income the deceased person would have provided to their family if they had lived.
• Loss of Services: The value of household contributions the deceased person would have provided, such as childcare, home maintenance, or caregiving.
• Loss of Companionship and Guidance: Compensation for the emotional loss suffered by surviving spouses, children, and other dependents because they were denied a relationship with the deceased person.
• Pain and Suffering of Surviving Family Members: Emotional distress and mental anguish experienced by those left behind.

The amount of compensation available in a wrongful death claim will depend on the details involved in a case, including the deceased person's age and occupation, their relationship with their family members, and the circumstances surrounding their death. Our Winchester wrongful death attorneys will calculate the damages that may apply in a specific case, and we will fight to ensure that they can receive the maximum compensation possible.

Contact Our Winchester, Virginia Wrongful Death Lawyers

While there is no amount of money that could ever replace your loved one, financial compensation through a wrongful death claim can help your family maintain stability and address the effects of your loss. At Parthemos, Curran, Buelow and Polizzi, PLLC, we will work to hold the party who was responsible for your loved one's death accountable for the harm they have done to you. Call us at 540-662-4222 or contact us online to arrange a free consultation with our compassionate lawyers.