Middlesex County wrongful death attorneys
Wrongful death happens when someone’s careless or improper actions cause another person to die. A wrongful death may result from several types of actions, such as an intentional act of violence, a car accident caused by a drunk driver, or a property owner’s negligent refusal to fix a loose handrail that causes a guest to fall down a flight of stairs.
A wrongful death claim is not a criminal prosecution. Instead, it is a civil case filed by the victim’s survivors that seeks financial restitution for the loss of their loved one. A wrongful death suit has a much lower burden of proof than a criminal case, making the case less difficult to win.
At GibsonSingleton Virginia Injury Attorneys, we know that life is sacred, and no amount of money could ever compensate for your loss. But if another person’s careless or malicious act caused the death of your loved one, it’s important to secure your family’s future.
Call (804) 413-6777 for a FREE consultation. We’ll provide compassionate, outstanding legal help in your time of need and answer any questions you have. We will always treat you like the neighbor you are.
According to Virginian law, your attorney must provide a “preponderance of evidence” demonstrating that your loved one’s death was caused by the “wrongful act, neglect, or default” of another party in order to win your case. The wrongful act could be related to a traffic crime like a DUI, but a wrongful death suit is separate from criminal prosecution.
A wrongful death often results from an act of negligence. And more than one party may be held liable for your loved one’s death. For example, if your loved was killed by a speeding truck driver, your attorney may be able to prove that the trucking company carelessly hired an employee with a faulty driving record. Or perhaps the company provided the driver with a truck that had unsafe brakes.
Drivers who live in Middlesex Count spent an average of more than 30 minutes a day commuting to work, in a recent year. Longer commutes put people more at risk of suffering from car crashes caused by another driver’s negligence.
Wrongful death lawsuits often result from the following types of circumstances:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Boating accidents
- Slip and fall accidents
- Workplace accidents
- Construction accidents
- Farming equipment accidents
- Medical malpractice
- Defective products
As part of a successful wrongful death lawsuit, the court will order the defendant to pay damages to the victim’s survivors. This may include the following types of compensation:
- 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 income of the decedent and 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
- Punitive damages for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others
In Virginia, only one person can file a wrongful death claim must, the personal representative of the deceased person’s estate. The personal representative is appointed by the circuit court. This may be an attorney or a family member of the deceased. Complicated issues are involved in a wrongful death case, and it’s best for everyone involved to work with the personal representative.
Spouses and children have the first right to file a wrongful death lawsuit. Parents, siblings, and grandparents may also file suit in cases when they were dependent on the diseased person, or when there is no spouse or children.
Family members have two years to file a wrongful death suit. Your personal injury attorney will investigate the accident to prove liability. Then your attorney can file a claim against the at-fault party’s insurance company. If the insurance company refuses to pay fair compensation, it may be necessary to take them to court.
At GibsonSingleton Virginia Injury Attorneys, we understand that people need time to grieve and heal after the death of a loved one. That’s why we take on the burden of fighting to get fair compensation for the survivors of a wrongful death. We believe that survivors deserve justice, and we will work to help you achieve it using our decades of experience in working for insurance companies and as trial lawyers.
Call (804) 413-6777 to speak with our compassionate, outstanding lawyers. We will go over your options for getting the compensation you need to take care of yourself and your family. We will also tell you about our no-fee guarantee: we only get paid when you get paid.
It costs you nothing for our firm to represent you. We only get paid when you do. Learn more
Prevention, empathy, and diligence are hallmarks of everything we do at GibsonSingleton Virginia Injury Attorneys. Our community can see these ideals lived out in our work to prevent personal injuries from happening.
- Safety Education
GibsonSingleton launches “Texts=Wrecks” campaign to reduce the number of people injured or killed by distracted drivers.
- Annual Coat Drive
During the fall, our team works to distribute coats to people in need in our community.
- Hands-on Service
John and Ken join the Gloucester Point Rotary Club in cleaning up the community.
- Supporting Local Schools
The Gibson family participates in Gloucester’s Botetourt Elementary Shuffle fundraiser.