Richmond County wrongful death lawyers
The sudden loss of a loved one can be devastating. On top of your grief, you may also be worried about your family’s financial future. Who will help take care of the children? How will you survive without their income? How will your healthcare and retirement funds be affected?
If your loved one’s death was caused by someone else’s negligence, we at GibsonSingleton Virginia Injury Attorneys can help you. With years of experience handling serious accident claims throughout Virginia, we can guide and support you through the process of recovering compensation from the responsible person. An insurance claim is likely the last thing you want to think about now, so let us think about it instead. Call us at (804) 413-6777 for compassionate legal advice and a free consultation.
In Virginia, wrongful death is considered a death “caused by the wrongful act, neglect, or default” of another person. This means that a wrongful death claim is similar to a personal injury claim, because they both are caused by an act of negligence. The difference is that instead of an accident victim filing a personal injury claim, the victim’s family must file the claim to recover compensation.
Only certain people can make a wrongful death claim. These claims are meant to help ease the burden on the family of the deceased. However, not every eligible person can file, because there can only be one claim per deceased family member. That means that it can come down to one family member in terms of how the compensation will be used or divided.
You can file for a wrongful death claim if you are:
- The deceased’s spouse, children (including adopted children and stepchildren), or grandchildren
- The deceased’s parents, siblings, or any relative that is part of the deceased’s household and is a dependent of the deceased (excluding parents who were found to have abandoned the deceased during childhood)
- Any other surviving family member that has grounds to benefit from the deceased’s estate
Even if you are on this list of eligible people, you have to be appointed as the personal representative of the deceased by the Clerk of the Circuit Court in Richmond County. This is an important first step that must be taken before a claim can be filed. Not doing this before filing a claim may lead to the claim being dismissed.
After being appointed as the personal representative of the deceased, you must then calculate how much you are owed in the claim. Knowing the amount of compensation you should be paid is key when it comes to negotiations with the responsible party and their insurance provider.
In a wrongful death claim, you can file for:
- 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 (i) income of the decedent and (ii) 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; and
- Punitive damages may be recovered for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.
Determining how much you should receive can be difficult without an experienced attorney at your side. The insurance company may try to convince you to take as low an amount as possible. A skilled attorney can fight such tactics and provide you with much-needed advice and support.
If you have lost a beloved family member because of someone else’s negligence, we at GibsonSingleton want to help. We understand that you are grieving, and we will take on the majority of the work in handling your claim. We will walk you through every step in the process during a free consultation. Call us at (804) 413-6777 or toll-free at (855) 781-6777 to find out all of your options and how we can help.
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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.