Virginia Wrongful Death Lawyer
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The impact of losing a loved one can be devastating, even more so knowing that their death resulted from the negligent or wrongful actions of another. If you lost someone you love due to the negligence of another individual, you may be able to take legal action under Virginia’s wrongful death laws.
The attorneys at Montagna Law know losing someone close to you is never easy and can be traumatic as you try to process the idea of living your future without them.
The compassionate attorneys at Montagna Law know this may be the worst time in your life; let us take the burden of helping you recover the damages from this wrongful death. Contact us to obtain your free case evaluation and discuss your legal rights.
Our Services
Montagna Law understands the trauma families go through when they suddenly find themselves facing life after the loss of a loved one. No legal action or amount of financial compensation can ever replace your loved one, but it can help provide a sense of justice and closure. Our law firm can help with the following types of wrongful death cases.
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Dog bites
- Medical malpractice
- Nursing home abuse and neglect
- Defective products
- Dangerous property conditions
Your Montagna Law attorney will offer experienced legal representation as we meticulously examine the circumstances surrounding this wrongful act and provide the following services.
- Perform a thorough investigation and gather evidence
- Properly assemble and file your claim
- Consult with expert witnesses
- Pursue a fair settlement
- Bring your case to court (if necessary)
Why Work With Montagna Law for Your Wrongful Death Claim
Clients often select Montagna Law as their chosen law firm because of our reputation of putting our clients’ needs first. Our compassionate legal team understands the difficulties that come with trying to face the legal process while grieving. The attorney-client relationship is very important to us, and we will work tirelessly on your behalf.
The wrongful death attorneys at Montagna Law are highly versed in Virginia laws and have a strong track record in pursuing justice for accident and wrongful death victims. We know how to gather the necessary evidence in accident cases and how to present a case. You will never feel alone when you work with our law firm. You will have access to us, and we will keep in contact with you.
Compassionate and Experienced Wrongful Death Attorneys
If you are facing an unimaginable future after losing your loved one in a senseless accident, the caring and compassionate personal injury lawyers at Montagna Law are here for you. When you work with our Virginia law firm, you will never feel as if your pain doesn’t matter or that you are just a case number.
We know no amount of money will ever replace the loss of your family member. You are important to us, and we will do our utmost to handle your wrongful death suit with the professionalism and respect you deserve during this difficult time. To schedule a free consultation with our legal team, contact us today at 877-622-8100 or fill out our online contact form.
Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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Frequently Asked Questions
Under Virginia law, a wrongful death is one caused by an act of negligence, carelessness, intentional action, or criminal intention. The negligent party might be an individual or an entity (e.g., a corporation creating a defective product).
The Commonwealth of Virginia sets a statute of limitations of two years for wrongful death cases, beginning on the day the victim’s death occurred. It is important to speak to a knowledgeable and experienced attorney because there may be exceptions to this time-limit rule. For example, when it comes to a child victim, the statute of limitations may be different. Medical malpractice cases also may have an alternative process and timeline.
If a person suffers a fatality because of the misconduct or negligence of another, the family members or survivors may sue for wrongful death. A wrongful death lawsuit seeks compensation for the survivors’ losses. Some types of losses may include loss of companionship, lost wages, and funeral expenses, among others.
Common causes of wrongful death in Virginia include motor vehicle accidents, bicycle accidents, pedestrian accidents, watercraft accidents, workplace accidents, medical malpractice, defective products, toxic torts, nursing home abuse, and criminal behavior.
A wrongful death claim is typically filed by the personal representative of the decedent’s estate, either appointed by a will or by the Commonwealth on behalf of the beneficiaries. Parties financially dependent upon the deceased can also file, including the surviving spouse, children, grandchildren, siblings, and other relatives. This includes relatives through adoption.
A successfully proven Virginia wrongful death claim must demonstrate these four elements:
- Duty: The defendant had a responsible duty to act with reasonable care and was negligent
- Breach of duty: The defendant did not act in good faith, leading to the death of the victim
- Causation: The negligent action must be directly linked to the cause of the wrongful death
- Damages: The plaintiff must show “measurable damages” were directly caused by the death of the victim and the victim’s family suffered substantial loss.
To prove wrongful death, the following types of evidence can be submitted to demonstrate negligence involving recklessness or an intentional act occurred.
- Medical records, including diagnostic tests and prescriptions
- Photos and video of the accident scene
- Eyewitness testimony
- Autopsy report
- Official accident reports
- Expert witness testimony
- Documentation of financial expenses
When selecting an attorney to represent your wrongful death case, you should identify a compassionate Virginia law firm that cares about your well-being and understands your pain. Other qualities should be strong communicative skills, integrity, and show of character.
You should also look for experience, a proven track record, and a strong knowledge of Virginia law. Insurance companies will almost always protect themselves and do not make surviving family members a priority. A good Virginia wrongful death attorney will know exactly how to deal with them.
Every case is different, so it is difficult to cite a specific amount for which a wrongful death claim would be compensated, either for economic damages or non-economic damages. A compensation amount will depend upon the circumstances of the case.
- Medical expenses
- Funeral and burial costs
- Loss of victim’s earnings and benefits
- General damages
- Pain and suffering
- Mental anguish and grief
- Loss of care and/or companionship to survivors (known as “loss of consortium”)
- Punitive damages
Virginia law stipulates the damages survivors seek must be “fair and just.” Punitive damages are a little different in that a plaintiff must prove the act causing their loved one’s death was so reckless it resulted in “a conscious disregard for the safety of others.”
Were You Injured in Hampton Roads?
If you or a loved one has been injured in Hampton Roads, it is crucial to take prompt action. there are strict deadlines for filing personal injury claims, and any delay could jeopardize your ability for compensation. Don’t talk to the insurance companies. Talk to a lawyer at Montagna Law.
Our aggressive attorneys are here to fight the insurance companies for your rights.
Contact us today at 877-622-8100
or complete our online form.