FAQs: wrongful death

Wrongful Death Attorney Wytheville, VA

In the aftermath of a fatal accident where a loved one perishes, things can feel chaotic and impossibly grim. You probably have many questions and may be wondering how this happened. You are likely feeling afraid and concerned about how you will survive emotionally and financially after such an unexpected life altering event has occurred. There are legal measures that you may be able to take in order to protect your family’s financial future. In fact, after a wrongful death incident, family members may legally seek compensation for damages. The following information is intended to help any family who is grieving from the untimely wrongful death of a loved one. It is solely intended as a guide and as always, it is recommended that you seek help from a wrongful death attorney.

Wrongful death defined

Wrongful death is a legal term that refers to an incident where an individual dies as a result of another individual’s intentional action or negligent action.

Types of wrongful death causes

Unfortunately, wrongful death can occur just about anywhere and at any time. The most typical examples are car accidents, medical malpractice and product malfunction. In the case of negligence, there are three elements that must be proven. They are a duty of care, a breach of duty of care and death as a result of that breach of duty of care.

Individuals who are eligible to file a wrongful death lawsuit

Immediate family members can file a lawsuit for wrongful death. In the event that no immediate family members are accessible, the executor of the will (as identified in the will or appointed by the court) may be the one to file on behalf of the deceased and his or her family.

Types of wrongful death damages

The typical damages that are awarded in wrongful death cases are lost wages of the deceased (up until the individual would likely have retired), funeral and burial expenses and some degree of pain and suffering compensation. As with many other aspects of wrongful death cases, state laws vary on the specifics of what damages may be pursued. If you think you may have a case. It is recommended that you seek the advice of an experienced attorney.

Statute of limitations

States also vary in the timeline allowed for the family to file, typically the statute is one to two years. It is important to file your claim as soon as possible. In pursuing compensation immediately, you will be able avoid statute of limitations and begin to put the legal ramifications of the incident behind you.  

How a wrongful death attorney can help

Sadly, cases that involve a death due to another person’s actions, are very difficult to prove. Each case requires evidence and an experienced attorney. Many attorneys offer a free consultation and will work on a “contingency fee” basis, meaning they will not receive money unless the claim is granted. In such difficult times, it is imperative to seek all of the help that you can get. A wrongful death attorney Wytheville, VA trusts may be able to alleviate the pain and confusion that you and other family members are feeling after such a tragic incident.

Contact The Law Offices of Mark T. Hurt for their insight into personal injury law and wrongful death claims.