King William County wrongful death lawyers

How do our King William County lawyers help victims of untimely death?

Nothing can prepare you for the unexpected loss of a loved one. What makes such a loss even more difficult to bear is if the death resulted from the negligent actions of someone else.

If you’ve lost a family member in a King William accident that you believe was caused by negligence, you may be eligible for compensation for losses through a wrongful death claim. To find out more about filing a claim, call GibsonSingleton Virginia Injury Attorneys for a free case evaluation at (804) 413-6777 or toll-free at (855) 781-6777.

We strongly encourage you not to wait. Virginia has a two-year time limit in which to file wrongful death claims, so it is important to contact a King William County accident attorney as soon as possible after your loss.

To pursue a wrongful death claim, someone has to be appointed the personal representative for the deceased. This appointment must be done through the Circuit Court Clerk’s Office and is technical in nature. Although the Clerk is very helpful, the Clerk cannot give legal advice. Failure to qualify as a personal representative in a timely and correct manner may end your case before it ever starts.

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What is considered a wrongful death in Virginia?

Virginia defines a wrongful death as a death that was “caused by the wrongful act, neglect, or default” of another party. The recipient of a wrongful death claim may be an individual, a business, or an organization.

Proving negligence and liability in wrongful death claims involves demonstrating that the defendant’s actions directly led to the fatal incident. This process begins with establishing that the defendant owed a duty of care to the deceased. For example, drivers have a duty to follow traffic laws, and employers must provide safe working conditions.

It must be shown that this duty was breached through actions or omissions, such as reckless driving or failure to adhere to safety protocols. The breach must then be directly connected to the cause of death, illustrating that the fatality would not have occurred if it hadn’t been for the defendant’s actions.

Wrongful death claims in Virginia often stem from a variety of tragic circumstances:

Car accidents are a leading cause, frequently resulting from reckless driving, DUI, or distracted driving. Workplace accidents, particularly in high-risk industries like construction, also contribute significantly to these cases.

Motorcycle accidents, which often involve severe impacts, are another common cause of wrong deaths. Drowning incidents, particularly in poorly supervised or inadequately maintained swimming areas, can lead to wrongful death claims. Sadly, these incidents often involve children.

Truck accidents, bicycle accidents, and pedestrians who are struck by motor vehicles are all frequent causes of wrongful deaths. Premises liability cases, such as fatal slip and fall accidents, can also lead to a wrongful death claim.

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What are the frequent causes of wrongful death?

Every time people gets into motor vehicles, they are at risk. Like most Americans, Virginians spend a lot of time in our cars or trucks. This increases the likelihood that they may be injured or killed in a traffic accident, especially with distracted driving on the rise.

In fact, being a truck driver or delivery worker ranks in the top 10 of the deadliest occupations in the United States. King William County is crisscrossed by multiple highways and countless rural roads, making the possibility of a serious accident a real threat. In 2017 alone, three people lost their lives on King William County roads.

Two other occupations ranking on the top 10 list of dangerous jobs feature prominently in King William County’s economy: farming and construction. Logging is considered the second most dangerous occupation in America, just behind commercial fishing. Logging does occur in King William County, although it is not a major industry.

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Who can file a wrongful death claim in King William County?

In Virginia, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This individual, also known as the executor, is either named in the deceased’s will or appointed by the court if no will exists. The executor acts as the central figure in the claim, coordinating with attorneys, insurance companies, and the court.

The executor in a wrongful death claim has the legal authority to initiate the claim on behalf of the deceased’s estate and statutory beneficiaries. This includes the surviving spouse and children or grandchildren. If there is no surviving spouse, children or grandchildren, parents, siblings, and other surviving family members may be eligible to receive the proceeds of a wrongful death claim.

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How can you file a wrongful death claim in King William County?

At GibsonSingleton, the process for filing a wrongful death claim in Virginia begins with an initial consultation and evaluation with us. There is no cost or obligation to meet with us.

During this initial meeting, the personal representative and eligible family members will meet with us to discuss the circumstances surrounding the death. We will review the facts of the case, assess the potential for a successful claim, and outline the next steps.

Following the initial consultation, the next critical step in filing a wrongful death claim is the investigation and evidence-gathering phase.

During this stage, we will collect all necessary documentation to build a compelling case. This includes obtaining accident reports, medical records, and any other relevant official documents. Witness statements are also gathered to provide firsthand accounts of the incident. In many cases, we may consult with experts such as accident reconstruction specialists or medical professionals to offer specialized insights into the case.

Once sufficient evidence has been gathered, the next step we at GibsonSingleton take is to file the wrongful death claim formally. This process involves preparing and submitting all necessary legal paperwork to the appropriate court. The claim must outline the basis for the lawsuit, including details of the negligence or liability and the damages being sought.

After filing a wrongful death claim, we will enter the negotiation phase, engaging with insurance companies and the defendant’s legal representatives to seek a fair settlement. This stage aims to resolve the claim without going to trial, saving time and emotional stress for the family.

Effective negotiation requires a deep understanding of the case’s strengths and the ability to advocate persuasively on behalf of the family. If a satisfactory settlement cannot be reached, we at GibsonSingleton will not hesitate to take the case to trial.

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What compensation can family members receive in a wrongful death claim?

In a Virginia wrongful death claim, you can seek compensation for any of the following losses:

• Funeral and burial expenses for your loved one
• Medical bills of your loved one
• Pain and suffering of your loved one before death
• Loss of future income from your loved one
• Loss of future benefits, such as healthcare and retirement, that your loved one provided
• Loss of companionship and guidance that your loved one provided
• Loss of household services your loved one provided, such as childcare, bookkeeping, vehicle and property maintenance, etc.
• Punitive damages to punish the negligent person or company if what they did to cause your loved one’s death was malicious or reckless

While there is no “cap” or limit on compensation that you can recover from a wrongful death caused by an accident in Virginia, there is a $2 million cap on a wrongful death caused by medical malpractice.

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Who should you contact if you need compassionate legal guidance?

We at GibsonSingleton Virginia Injury Attorneys understand how difficult life is following a loved one’s death. Not only are you dealing with grief, but you’re having to make serious decisions about your family’s future. We are experienced in handling wrongful death claims. We can take care of your case while you focus on taking care of your family.

Empathy and excellence are hallmarks of everything we do at GibsonSingleton. You will always be treated as our neighbor, never like a number.

For a free consultation with a King William County wrongful death attorney, give us a call at (804) 413-6777 or toll-free at (855) 781-6777.

GibsonSingleton Virginia Injury Attorneys works on a contingency basis, so you pay us nothing until we recover just compensation for you and your family.

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Additional Information

• King William County
• King William County, Virginia