Westmoreland County wrongful death attorneys
Helping mourning families get proper compensation
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 attorneys serving Westmoreland County, we offer a free consultation. We will explain your rights and give you compassionate legal guidance.
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 with income or by doing household tasks.
But anyone filing a wrongful death claim should know that there is a limited timeframe. For a wrongful death, you generally have two years to file. After that, the courts may not hear a case. However, there are exceptions, so speak with a knowledgeable attorney to find out more about your specific situation.
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
- Defective products
- Animal attacks
No matter how your loved one died, 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 their help around the house, especially with children, can leave you in a very tough situation. At GibsonSingleton, 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.
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:
- 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
Non-family members can make a claim only if there are no surviving family members -- chiefly no spouse, children, grandchildren, parents, or siblings. However, non-family members could file a claim if they were a beneficiary of the deceased’s estate. So, if the deceased person left them property, money, or other possessions in their will, they could be eligible.
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 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.
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.
Expert legal guidance during a difficult time
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 will fight aggressively for your right to proper compensation.
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. To schedule a free consultation to find out your options, call us at (804) 413-6777 or toll-free at (855) 781-6777 today.
Call our Eastern Virginia office today for a free consultation
at (804) 413-6777 or toll free (855) 781-6777.
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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.