Experienced Lawyers Ready to Represent You
The loss of a loved one due to another’s negligence is perhaps the worst pain anyone could ever experience. If this has happened to you, you need experienced wrongful death attorneys who can protect your rights.
You may be asking yourself who is going to pay your loved one’s medical bills. How will the family be able to pay for the funeral costs? Did they have a will? When a single parent dies unexpectedly, who gets custody of the children? There are so many questions you may have where there are no clear answers.
Epperly & Follis, P.C. has the expertise and experience to pursue legal action against the responsible party(s). We have been representing clients throughout Virginia and the Richmond metro region for decades.
How Is It Defined?
In legal terms, wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. Part of the “personal injury” tort family, wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). The primary goal of a personal injury tort is to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others.
Many fatalities may fall under the umbrella of wrongful death:
- Workplace accidents
- Medical malpractice
- Automobile accidents
- Dangerous products
- Truck accidents
- Motorcycle accidents
- Pharmaceutical liability
- Nursing home abuse
- Brain injuries
- Premises liability
Who Can File a Wrongful Death Lawsuit In Virginia
State laws vary as to who may pursue a wrongful death claim. Generally, it is the immediate family members who can file, including:
- Spouse
- Parents
- Children
- Brother or Sisters
- Other family members of the same household
- Family members who received support from the deceased party
What Damages Can Be Recovered In a Lawsuit
There are various damages which are considered in these types of cases:
- Earnings the deceased would have provided to the family if they lived
- Loss of protection, care, services, and assistance provided by the deceased
- Medical and funeral expenses
- Estate administration expenses
- Survivors emotional pain and suffering
- Punitive damages
While you cannot bring back a loved one, monetary damages help provide security to the family during the painful grieving process.
Proving Negligence
Typically, wrongful death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle, or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations. The common element in most tort actions is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven in wrongful death cases and the Epperly & Follis, P.C law firm is skilled in helping clients prove that the four critical components of negligence exist in their claim:
- The defendant had a duty to the deceased;
- The defendant failed in that duty (breach of duty);
- That the fatality was caused by the defendant’s breach of duty; and
- That the survivors are entitled to damages as a result of the loss of their loved one
In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased must also be shown. Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.
Why You Need a Wrongful Death Lawyer to Represent You
In the state of Virginia, you generally have two years from the date of the negligence to file a lawsuit. There are many steps involved in the process, especially when dealing with medical providers, hospitals, insurance companies, and large corporations.
It takes many months to get all of the proper paperwork and evidence gathered to ensure you have a viable case. The earlier you obtain proper legal representation, the easier it is to gather evidence and speak with experts to get all of the information you need to present your case.
Negligence must be proven in wrongful death cases and the Epperly & Follis, P.C law firm is skilled in helping clients receive the financial compensation they are entitled to.
Experienced and Understanding Representation
If you feel that you have the basis for a wrongful death suit, it is important to contact an attorney immediately. Epperly & Follis, P.C lawyers will outline the documentation required, the decisions that must be made, and will continue to guide you through the legal process.
We know the law and victims’ rights. We can help you make informed decisions, so please call the wrongful death law firm of Epperly & Follis, P.C. in Richmond, Virginia, at 1-888-703-0109 or (804) 648-6480 for your free legal consultation, or save time with our online Contact Form.