York County wrongful death lawyers
Our legal team is here when you need us most
Nothing is more difficult than coping with the unexpected death of a loved one. That’s because often amid all the grief, you have to think about your family’s future.
If your loved one’s death was caused by a negligent, reckless, or intentional act of another party, you may be entitled to compensation for your losses through a wrongful death claim.
But wrongful death claims are complex, and they require intense investigation, expert testimony, and calculation of how the deceased person would have affected your future, if they had lived. These are likely the last things you want deal with while mourning your loss.
If you’re a resident of York County, our skilled, compassionate legal team at GibsonSingleton Virginia Injury Attorneys can handle your wrongful death claim at no upfront cost to you. Call our Gloucester office at (804) 413-6777 for a free case evaluation.
Who can file a wrongful death claim in Virginia?
Under Virginia law, the following individuals can file a wrongful death claim:
- The deceased’s spouse, children, adopted children, stepchildren, and grandchildren;
- The deceased’s parents, siblings, and any relative who shares the deceased’s household and is a dependent of the deceased. (However, parents found to have abandoned the deceased during childhood cannot file a wrongful death claim, nor collect any compensation.)
- Any surviving family member entitled to inherit the deceased’s estate.
Certain stipulations govern the eligibility of relatives other than the spouse and children. To find out more, please call us. Note that before you can file a lawsuit for a wrongful death claim, you must be appointed as the personal representative of the decedent by the Clerk of the Circuit Court of the county in which the lawsuit is filed. This is a very important FIRST step, and failure to be appointed may cause your case to be dismissed.
Is there a time limit to file a wrongful death claim?
Yes. In Virginia, a wrongful death must generally be filed within two years of the deceased’s death. However, other situations that can shorten the deadline, such as when a government agency caused the death. Also, the case may take longer than two years to settle or reach a verdict. In some instances, you are required to file a Notice of Claim within one year of the incident.
What losses can be recovered in a wrongful death claim?
Calculating how much compensation should be awarded to survivors can be complicated. An experienced wrongful death attorney will take into account the deceased person’s salary, future earning potential, impact on survivors, and life expectancy based on gender, age, and physical and mental health. A Virginia jury may award the survivors compensation for the following:
- Sorrow, mental anguish, and solace,
- Loss of the deceased person’s future income and future benefits, such as healthcare and retirement,
- Loss of household services, care, and assistance the deceased provided, such as vehicle and property maintenance, childcare, bookkeeping, food preparation, etc.,
- Medical bills accrued by the deceased person, due to the final injury or illness,
- Reasonable funeral and burial expenses, and
- Punitive damages, if the defendant’s conduct was willful or wanton, or reckless to the point of disregard for others.
Who can help me?
There are many legal hoops to filing a wrongful death claim in York County, which your family shouldn’t have to worry about to get justice.
If you’ve lost a loved one through a preventable accident, GibsonSingleton Virginia Injury Attorneys will go to work to get the compensation you and your family deserve. Call a York County personal injury attorney at (804) 413-6777 for a free consultation to find out your options.
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.