Westmoreland County wrongful death attorneys

Our wrongful death lawyers help mourning Westmoreland County families

Finding out you have lost a beloved family member is devastating. What may be even worse, though, is knowing that their death was due to someone else’s poor choices. Such a loss is damaging physically, emotionally, and financially. Spouses and children are often left to pick up the pieces while also struggling to put food on the table. That’s where we at GibsonSingleton Virginia Injury Attorneys can help.

While filing a wrongful death claim cannot bring your loved one back, it can give you a more financially secure future. Recovering from the trauma of loss is hard enough without having to worry about paying for utilities, housing, and food. If you have lost a loved one due to an act of negligence, call us today at (804) 413-6777 or toll-free at (855) 781-6777. As wrongful death lawyers serving Westmoreland County, we offer a free consultation, and we never get paid until you do—that’s our Zero Fee Guarantee.

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What is a wrongful death claim?

Legally, when someone is killed due to negligence or intentional actions, it is considered a wrongful death. At that point, the family members of the deceased can hold the at-fault party responsible and recover compensation in a wrongful death claim. While these claims can’t repair the emotional pain caused by the loss of a loved one, they can help families recover financially, especially if the loved one was supporting the family in some way financially.

But anyone filing a wrongful death claim should know that there is a limited timeframe. After that deadline, the courts may not hear a case. However, there are exceptions, so speak with a knowledgeable lawyer to find out more about your specific situation.

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In what situations can I file a claim?

To file a claim, you must demonstrate that an act of negligence caused your loved one’s death. Various types of negligence and situations can lead to a wrongful death, including:

• Car accidents
• Pedestrian accidents
• Motorcycle accidents
• Truck accidents
• Boating accidents
• Swimming pool drownings
• Slip-and-falls
• Defective products
• Animal attacks

No matter what caused the death of your loved one, you are likely suffering, both emotionally and financially. Most of us rely on another family member for some of our income. Supporting a family on one income is difficult in today’s world. But even if your loved one wasn’t working, losing his or her help around the house, especially with children, can leave you in a very tough situation. At GibsonSingleton Virginia Injury Attorneys, we believe that no one should have to worry about childcare or household expenses while mourning the wrongful death of a beloved family member.

In the situations listed above, the person who caused your loved one’s death may have the legal responsibility to compensate you for your loss. This means you can pursue a claim against them or their insurance company. To do so, you must meet certain requirements.

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Who is eligible for compensation?

Not just anyone can successfully file for a wrongful death claim. These claims are meant to help affected family members who now may be struggling financially or emotionally. Someone outside the family may not be considered eligible because the loss of the loved one will likely not have affected them in the same way.

In the Commonwealth of Virginia, those who can claim for wrongful death are:

• Spouses
• Children
• Grandchildren if the deceased’s children are already dead
• Parents, siblings, or other dependents, if the deceased do not have any surviving spouses, children, or grandchildren
• Beneficiaries of the deceased’s estate, if the deceased has no family listed above

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How is liability determined in a Westmoreland County wrongful death claim?

In Virginia wrongful death cases, the burden of proof lies with the plaintiff, meaning the grieving family must demonstrate that the defendant’s negligence directly caused their loved one’s death. This requires a preponderance of the evidence, indicating that it is more likely than not that the defendant’s actions led to the fatal incident.

Effective evidence-gathering is essential for establishing liability in a wrongful death case. This process often begins with obtaining official accident reports, which provide an initial, unbiased account of the incident. At GibsonSingleton, we interview witnesses to capture their observations and testimonies. Physical evidence from the scene is also collected and meticulously documented.

Expert testimonies likewise often play a critical role in a successful wrongful death claim. For example, forensic specialists can reconstruct the accident scene, and professionals can clarify the cause of death and link it to the incident.

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What is the process for filing a wrongful death claim?

The initial consultation and case evaluation are critical first steps when seeking compensation for a wrongful death. During this stage, as lawyers serving Westmoreland County, we assess the case and go over your options.

The next step is investigating the circumstances surrounding your loved one’s death. This involves obtaining accident reports, medical records, and witness statements. Gathering physical evidence, such as photographs and dash cam video, is also essential.

Filing a wrongful death claim involves submitting all the necessary paperwork and meeting strict filing deadlines. The claim must demonstrate how the plaintiff’s negligent action caused your loved one’s death, and it should also document economic losses, such as medical expenses and lost income, as well as non-economic damages, like pain and suffering.

Negotiating with insurance companies is another critical aspect of seeking compensation in wrongful death cases. Our firm is adept at handling these negotiations, ensuring that the family’s interests are vigorously represented.

Insurance companies often aim to minimize payouts, employing various tactics to undervalue or deny claims. Fortunately, our partner John Singleton learned his trial skills working for a large insurance defense firm. He knows how the insurance side works and uses that knowledge to provide our clients with outstanding insight and counsel.

When negotiations with insurance companies do not result in a fair settlement, litigation becomes necessary. In these instances, GibsonSingleton Virginia Injury Attorneys provides robust court representation to pursue justice for your family.

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Is there a difference between a survival action and a wrongful death claim?

A survival action is a legal claim that allows the estate of a deceased person to pursue compensation for the pain and suffering the deceased endured prior to his or her death, as well as certain economic losses.

Unlike a wrongful death claim, which seeks to compensate family members for their losses resulting from the death, a survival action focuses on the damages the deceased could have claimed had they survived. This can include medical expenses incurred before death, lost wages, and pain and suffering.

In Virginia, the executor or administrator of the deceased’s estate typically files the survival action. The compensation awarded goes to the estate and where it can benefit the heirs or beneficiaries.

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What is a government tort wrongful death lawsuit in Westmoreland County?

Sovereign immunity is a legal doctrine that protects government entities from being sued without their consent. In Virginia, this principle can complicate wrongful death claims involving government employees or agencies. However, there are exceptions to sovereign immunity that allow these claims to proceed under specific circumstances. Understanding all the rules and requirements is crucial for building a successful government tort wrongful death case.

Certain actions of government employees may be considered outside the scope of their official duties, thereby negating sovereign immunity protections. Virginia has also enacted laws that permit claims in cases of gross negligence or intentional misconduct by government officials.

Filing a wrongful death claim against a government entity in Virginia involves overcoming certain legal hurdles. For example, the plaintiff must provide a formal notice of the claim to the appropriate government agency within a specified time frame, often six months from the date of the incident. This notice must include detailed information about the circumstances of the death, the alleged negligence, and the damages being sought.

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What does a wrongful death claim include?

Losing a second income or a caretaker can severely affect a family; it can leave them unable to recover financially. A wrongful death claim can help families receive some support and compensation.

Generally, in a wrongful death claim, you can file to receive compensation for the following:

• Sorrow, mental anguish, and solace, which may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent
• Compensation for a 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’s incident to the injury resulting in death
• Reasonable funeral expenses
• Punitive damages for willful or wanton conduct or such recklessness that demonstrates a conscious disregard for the safety of others

It’s important to know that even if you are eligible for a wrongful death claim, you will not automatically get the compensation you deserve. The at-fault party and their insurance provider will likely fight you tooth and nail and do everything they can to get you to take the lowest possible settlement. That’s why you should seek help from an experienced wrongful death attorney who has already achieved numerous positive case results for clients.

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Guidance from attorneys serving Westmoreland County during a difficult time

As knowledgeable personal injury attorneys serving Westmoreland County, we consider it a calling to help those who have lost a loved one due to negligence. While no one can ever replace your loved one, we at GibsonSingleton Virginia Injury Attorneys can help you successfully file a wrongful death claim. While you focus on picking up the pieces, we can fight aggressively for your right to proper compensation.

To schedule a free consultation and find out your options, call us today at (804) 413-6777 or toll-free at (855) 781-6777 today.

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