Wrongful Death Attorney Leesburg VA
When a loved one is tragically lost, pursuing legal action may not be the immediate focus for those left behind. However, surviving family members must consider the importance of promptly retaining a Leesburg wrongful death attorney.
Apart from the immense emotional distress caused by a loved one’s death, families often find themselves facing significant financial hardships without the support of the deceased. A wrongful death lawsuit can provide compensation that alleviates this financial burden.
However, it is crucial to remain mindful of the deadline for initiating a wrongful death lawsuit. The duration of legal action, commonly referred to as the statute of limitations, differs from state to state depending on the type of lawsuit. Once this period expires, the courts lose their authority to hold wrongdoers responsible and offer compensation to victims, and filing a lawsuit becomes impossible (except under specific circumstances).
At Marquis Law Group, our wrongful death attorneys have a proven track record of successfully securing compensation that acknowledges the value of the deceased and aids the surviving family in their recovery from such a profound loss.
If you have tragically lost a beloved family member unexpectedly, we encourage you to contact us today. Our experienced wrongful death attorneys may be able to assist you during this challenging time.
Understanding Wrongful Death
Wrongful death is a legal term referring to civil lawsuits initiated by the surviving family members of a person who has died as a result of someone else’s negligence or wrongful conduct. These legal actions, known as wrongful death claims, enable the deceased’s beneficiaries (close relatives) to seek financial compensation for their loss. The primary aim of a wrongful death suit is to recover damages or provide monetary damages to family members who relied on the deceased for both financial assistance and emotional support.
Key Components of a Wrongful Death Case
A wrongful death case arises when the loss of life is caused by negligence, recklessness, or intentional misconduct. Negligence refers to the failure of a person to meet the standard of care expected under similar circumstances. In order to establish a wrongful death claim, an attorney must demonstrate several crucial elements. These include proving that the responsible party owed a duty of care to the deceased, that their actions or omissions breached that commitment, that their wrongful conduct directly caused the injury or death of the victim, and that resulting damages occurred.
Common wrongful death claims/cases can stem from various causes, with some of the most common including:
Car or auto accidents
Birth injuries
Medical malpractice
Workplace accidents
Compensation in Wrongful Death Cases
Determining the appropriate amount of damages in a wrongful death case involves considering several factors. For example, the court takes into account the relationship between the survivors and the deceased, the deceased’s expected financial contributions, the value of the deceased’s services, and the life expectancies of all parties involved. Understanding these factors is crucial as they determine the benefits entitled to different individuals affected by the wrongful death.
Spouse: A surviving spouse can seek compensation for the loss of companionship, protection, mental pain, and suffering from the date of the injury.
Children: Minor children may receive compensation for the loss of parental companionship, guidance, instruction, and mental pain and suffering from the date of the injury.
Parent: Both parents of a deceased minor child have the right to seek compensation for emotional distress and anguish, starting from the date of the incident. If there are no other survivors, both parents of an adult child are eligible to receive compensation as statutory beneficiaries.
All Survivors: Each survivor is entitled to recover the value of lost support and services, including interest, from the date of the injury to the date of death. Future loss of support and services, starting from the date of death, reduced to present value, can also be recovered. Additionally, the survivor who has paid medical bills, medical expenses, or funeral expenses resulting from the injury or death of the decedent may seek reimbursement for these expenses.
Apart from compensatory damages, a court may also award punitive damages in cases where the responsible party’s intentional, wantonly reckless, or grossly negligent actions led to the wrongful death. Punitive damages serve as a punishment and deterrent for similar behavior in the future.
Contact a Wrongful Death Lawyer Today
At The Marquis Law Group, we understand the challenges families face following a wrongful death and are committed to pursuing fair compensation for them. To discuss legal matters and explore your options after an unexpected loss, please contact us today.
Our attorneys specialize in various areas of personal injury law, including medical malpractice, which can be an additional factor in your wrongful death case.