What you need to know about filing a Virginia wrongful death claim

The death of your loved one is heartbreaking. It throws your life into turmoil. The loss of a loved family member due to someone else’s wrongful act or negligence can deepen the grief. At the same time that you’re processing the loss and wondering how to put your life back together, you may also be determining whether you’re eligible to file a wrongful death claim. This is where a skilled Virginia wrongful death attorney can help you.

We know that a lawsuit won’t heal the pain of losing your loved one. But holding someone accountable for causing a death can bring a sense of justice. It can also assist you if the death has put you in the position of being financially vulnerable.

Filing a wrongful death claim at this time may not be your top priority. Right now, you’re likely focused on your grief and on trying to put your life back together. If you have lost a spouse and co-parent, you are now also dealing with additional caregiving responsibilities. If you have lost a child, you are in deep grief while also focused on keeping your family together. If your loved one was killed in an incident that you were also involved in, you may also be focused on healing from your own physical injuries.  In short, your energy has now shifted from your everyday concerns to healing from this loss.

On top of all these deeply personal taxing emotions, you may also be suffering from the loss of income or financial support that your loved one provided, as well as medical bills incurred for lifesaving measures and medical care.

You have so many important considerations right now, which is why you need a compassionate and empathetic attorney to help you with your Virginia wrongful death claim. We are here to guide you through this unimaginably difficult time and to make sure you receive the justice you are entitled to.

It can be shocking in the middle of all this traumatic upheaval to have an insurance company or defendant treat you unfairly or try to paint your loved one as being responsible for their injuries. It’s an added level of hurt on top of the pain you are already going through.

You do not have to go through it alone. We will be there with you, every step of the way. We will explain all your options and help you make the best possible decisions for you and your family to move forward. We will investigate, deal with the insurance carrier, determine liability, and make sure you understand how we will build your claim.

You do not deserve to have your life turned upside down by someone else’s actions. We are here to help you put things back together.

Here are some things to know about wrongful death in Virginia.

Wrongful death is closely linked to personal injury

Many people wonder if they have a wrongful death claim after the loss of a loved one. There are numerous factors involved in determining eligibility to file a claim, but an important one to keep in mind is that if the victim could have pursued a personal injury claim if they survived the incident, then an eligible representative can pursue a wrongful death claim if the incident is fatal.

This means you must show that the death was caused by negligent, intentional or wrongful acts committed by another person or by an entity (such as a company).

Wrongful death claims can be complicated

Wrongful death claims involve numerous scenarios, including car crashes, workplace accidents, pedestrian accidents, premises liability (Injuries that happen due to Improper maintenance or security at a business), and many other scenarios. This can be made even more complicated depending on the circumstances.

Determining which insurance carrier is responsible for compensation and putting a case together takes knowledge of the system. It’s important that we make your claim as strong as possible.

The person filing the wrongful death claim must also be eligible to file it. In Virginia, any wrongful death lawsuit must be filed by a personal representative of the victim’s estate, and that representative must be appointed by the Court. We will help you determine who should be the personal representative and also help you with the Court process to secure their appointment.

If your loved one had a will that may establish who their beneficiaries are.  When there is no will, however, surviving family members who may share in any recovery from a wrongful death claim are established by the law in Virginia.  We will help you identify the beneficiaries and follow the necessary steps to notify and include them.

If minors are involved as beneficiaries, you may also be required to have a neutral attorney appointed to represent the minors’ interests. This adds another level of legal procedure which we help our clients navigate.

Having an attorney who is experienced in a variety of personal injury claims in Virginia ensures you receive the guidance you need to move forward with your claim against the appropriate insurance companies.

How I help you with your Virginia wrongful death lawsuit

It is important to us at Jennifer Porter Law, PLLC that you feel heard, supported and validated during this process, which is why our focus is on listening to you and understanding your needs. We offer a complimentary strategy session, where we discuss the facts surrounding your claim and any applicable circumstances that affect your wrongful death lawsuit.

We will make sure you understand who is eligible to receive financial compensation from your Virginia wrongful death claim and the types of damages you can pursue. While you focus on healing emotionally and possibly physically, we handle your claim by:

  • Providing compassionate guidance for you to make the best decisions for you and your family
  • Conducting a thorough investigation of the incident
  • Determining who is responsible for compensation
  • Ensuring your claim is filed properly and timely
  • Communicating with insurance companies on your behalf
  • Protecting you from any unfair or unjust allegations made by the insurance companies
  • Negotiating a settlement that you’re comfortable with or taking your case to court
  • Advocating for your rights
  • Fighting for fair compensation for you and any eligible beneficiaries.

The bottom line

Life is precious and absolutely nothing can replace your loved one or give them back their future. What I can do is fight for justice, and help you begin to put the pieces back together.

The sudden loss of a loved one may have had a dramatic impact on your finances. You may now be struggling with additional responsibilities or trying to navigate financial hardships. You may also have incurred costs related to the death, including paying for any medical attempts to save your loved one’s life.

You’re dealing with all this while also dealing with the shock of losing someone you love, someone who was important to you.

An insurance claim cannot undo any of this unfair situation, but it can ease the financial burden on you so you can focus on grieving and recovery. It can help you get some of your future back and chart a new path forward.

You deserve a considerate, empathetic, and skilled attorney to advocate for you, honor your needs and wishes, and support you while you navigate this heartbreaking time.

If you suspect your loved one’s death was the result of someone else’s negligence or wrongful actions, you need a skilled Virginia wrongful death lawyer. We will review the facts of your case and give you an honest, compassionate assessment of your claim. And we will make sure you understand all your options and the best ways to recover the compensation available to you.

Contact Jennifer Porter Law, PLLC today to discuss your claim.

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    “Mrs. Porter was amazing! I have never had an attorney or been involved in any legal cases prior to this experience, and she made this experience extremely smooth, simple and effective. Her and her team are extremely patient and diligent, and took the time to ensure I understood everything that was happening. She was really caring and showed true dedication, empathy and care for all her clients. I really loved her service! She always was honest and fought for the best possible outcome in my case! She was even extremely invested in my own personal health after my accident and ensuring I got all the necessary medical care and rehab, though I initially was worrisome of the cost and tried to pretend I was okay! She even made deal with insurance companies not as scary as she took her time to walk me through and help with every possible I counter both during my medical care and with legal issues following. She could even took her spare time after work to update me and help explain everything clearly and concisely due to my crazy school schedule. Would definitely recommend for anyone in any legal predicament, truly one of the best lawyers!”


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