Roanoke Wrongful Death Lawyers

Let Our Firm Help You Through This Difficult Time

When a loved one passes away due to the negligence or wrongful conduct of another person or entity, you and your family are left with an unfathomable void in your lives. The pain of losing a loved one is made even worse by the realization that someone else's carelessness or wrongful conduct caused the death. Families who have lost loved ones in this way are often left with many questions, including what compensation is available to help them cope with their loss.

At Kalfus & Nachman PC, our Roanoke wrongful death lawyers take great care in answering these questions and helping families recover the compensation they need to move forward after such a tragic loss.

Call (855) 880-8163 or fill out our online contact form today to schedule a free consultation.

What is Wrongful Death?

Simply put, wrongful death is any death that occurs as a result of negligence, carelessness, or another person or entity's wrongful conduct. Wrongful death can result from a wide variety of incidents, including motor vehicle accidents, defective or dangerous products, workplace accidents and incidents, and medical malpractice. In these cases, surviving family members can file a wrongful death lawsuit against the responsible party or parties to obtain compensation for their losses.

Who Can File a Wrongful Death Lawsuit in Virginia?

In Virginia, a wrongful death lawsuit can be filed by certain individuals who are legally entitled to do so under state law. Wrongful death claims are brought on behalf of the deceased person by their surviving family members or beneficiaries. The specific parties who can file a wrongful death lawsuit in Virginia are defined by the Virginia Code, particularly under Section 8.01-50.

The following parties are generally eligible to file a wrongful death lawsuit in Virginia:

• The personal representative of the deceased person's estate: This is typically the individual appointed by the court to administer the deceased person's estate. The personal representative brings the lawsuit on behalf of the estate and the beneficiaries.
• Surviving spouse, children, or grandchildren: These immediate family members of the deceased person have priority in filing a wrongful death claim. If there is a surviving spouse and children, they may share the recovery equally.
• Surviving parents and siblings: If there are no surviving spouse, children, or grandchildren, the parents and siblings of the deceased person may be eligible to file a wrongful death lawsuit.
• Other dependents: Individuals who were financially dependent on the deceased person may also be able to file a wrongful death claim, even if they are not directly related by blood or marriage.

It's important to note that the right to file a wrongful death lawsuit is not exclusive to one party. If multiple eligible parties exist, they may be able to file separate lawsuits or join together in a single lawsuit. The court will determine the distribution of any damages recovered among the eligible beneficiaries or family members.

Recovering Compensation for Your Loss

In a wrongful death lawsuit in Virginia, potential damages can be sought to compensate the surviving family members or beneficiaries for the losses they have suffered as a result of the death of their loved one. These damages are intended to provide financial compensation for the various ways in which the survivors have been affected due to the wrongful act or negligence that caused the death.

The types of damages that can typically be awarded in a Virginia wrongful death case include:

• Economic Damages:
  • Medical expenses: Reimbursement for any medical bills or related expenses incurred as a result of the fatal injury or illness.
  • Funeral and burial expenses: Coverage for the reasonable costs associated with the deceased person's funeral and burial.
  • Lost wages and benefits: Compensation for the income that the deceased person would have earned had they survived. This can include the financial support the deceased would have provided to the family.
• Non-Economic Damages:
  • Pain and suffering: Compensation for the physical and emotional pain and suffering endured by the deceased before their death.
  • Loss of companionship and society: Damages to compensate surviving family members for the emotional and psychological loss of their loved one's companionship, care, and guidance.
  • Loss of consortium: Compensation for the loss of the deceased person's spousal relationship, including the loss of companionship, intimacy, and support.
• Punitive Damages: In rare cases, punitive damages may be awarded to punish the wrongdoer or deter others from engaging in similar negligent or reckless behavior. Virginia law places limitations on punitive damages, and they are not available in all wrongful death cases.

To learn more about your legal rights, call (855) 880-8163 or message us online.