Newport News Wrongful Death Attorney

Work With The Trusted Wrongful Death Attorneys at Montagna Law

The attorneys at Montagna Law have served Newport News and Hampton Roads for decades, helping families seek justice after a loved one died in motor vehicle accidents, workplace accidents, boating accidents, and other tragedies. While no amount of money can replace a loved one, compensation can cover funeral expenses, lost income, medical benefits, pain and suffering, emotional trauma, and loss of companionship.

What sets Montagna Law apart is our dedication to client service. We provide consistent communication, prompt responses, regular case updates, and strong advocacy so you feel supported every step of the way.

Hear What Our Clients Have To Say About Working With The Attorneys at Montagna Law

“Mr. Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him, and I couldn’t have been happier with my decision! Grace was also such a delight to hear from; she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly and with that being said if I could give him and Grace 10 stars, I would! Thank you to Montagna Law for helping me feel valued!” — Anita C.

“These guys were great. Big ups to Danielle, who kept me in the loop and was so kind. The lawyer was like a shark that had my best interests in mind. He treated me better than my own employers did. If I’m ever in need of legal assistance again, my first call will be to Montagna Law.” — Linda M.

No Upfront Costs When You Work With Montagna Law

Many people understandably worry about the costs associated with working with an attorney. Should you select Montagna Law to represent you in a wrongful death case, you do not need to be concerned with upfront costs. We work on contingency fees.

Local Roots With Our Newport News Office Location

Montagna Law has long-established roots in the greater Hampton Roads area. Our lawyers are highly engaged within our Hampton Roads communities. Montagna Law has an office right in Newport News at 4302 Huntington Ave, Suite 300.

Montagna Law’s Trusted Legal Representation in Newport News

Our law firm is proud of the trust our community places in our legal skills. We firmly believe in a collaborative, team-based approach and provide accessibility to an attorney with face-to-face support.

• $30 million+ recovered in personal injury compensation
• Over 85 5-star reviews from satisfied clients
• A+ BBB rating
• 50+ years of experience fighting for Virginians’ right to compensation
• Three total Virginia offices are located in Norfolk, Newport News, and Virginia Beach

Schedule a Free Consultation With Our Attorneys Today

Montagna Law offers free case evaluations and handles wrongful death cases on a contingency fee basis. This means you pay no legal fees unless compensation is recovered. Call us today to tell us your side of the story. We will provide a full, comprehensive legal consultation.

Losing a loved one in a preventable accident is devastating and life-changing. According to the CDC, nearly 223,000 unintentional deaths occur each year in the U.S., making them the third leading cause of death. When negligence causes such a tragedy, the pain is even greater.

The compassionate Newport News wrongful death attorneys at Montagna Law can handle insurance issues and the legal process, allowing your family to focus on healing during this difficult time. While no amount of money can replace a loved one, a wrongful death claim can provide financial compensation, hold negligent parties accountable, and bring a measure of justice and closure. Contact our law firm for a free case evaluation with our personal injury lawyers today.

How Can a Lawyer Help Your Family With a Wrongful Death Claim?

Working with a knowledgeable Newport News lawyer after a loved one’s death can make a difficult time more manageable. Montagna Law’s attorneys are compassionate and well-versed in Commonwealth law, bringing years of experience in handling wrongful death, auto accident, and personal injury cases.

Our lawyers understand the pain your family is facing and are here to provide both legal and emotional support. We will:

• Investigate the cause of death and gather evidence
• Determine liability and identify all responsible parties
• Handle communication with insurance companies
• Calculate damages, including economic and non-economic losses
• Represent the family in negotiations or legal action, including court if necessary

While grieving a loved one’s death, it can be overwhelming to manage insurance and legal matters. A Newport News car accident attorney at our law firm can guide you through the legal process and fight for the justice and compensation your family deserves.

What Is a Newport News Wrongful Death Claim?

A wrongful death under Virginia law (Code of Virginia § 8.01-50) is a death caused by another party’s negligence, recklessness, or intentional act. These claims are civil cases intended to compensate surviving family members, not criminal prosecutions, although both can occur simultaneously.

Impact of Wrongful Death on Families

A wrongful death has a substantial impact on surviving loved ones, especially the emotional, financial, and practical effects. Impact usually includes:

• Emotional trauma and grief
• Loss of companionship and guidance
• Financial hardship due to loss of income or benefits
• Unexpected medical and funeral expenses

In most cases, these impacts often extend beyond immediate family, affecting long-term well-being and sometimes impacting the ability to function with everyday life tasks or experiences.

What to Do Immediately After a Wrongful Death

During a period of immense shock and grief, it can be difficult to know what to do next. The following are steps surviving family members should take.

• Avoid speaking with insurance representatives or at-fault parties
• Gather medical and legal documentation ASAP, along with any relevant information
• Preserve evidence relating to the accident
• Promptly contact a wrongful death attorney

Your attorney can investigate the accident to identify one or more at-fault parties and then calculate the full scope of the damages caused by those responsible.

Legal Rights of Surviving Family Members After a Wrongful Death

Family members have legal rights after a wrongful death in Newport News, according to Virginia law. State law stipulates that certain family members entitled to compensation typically include spouses, children, parents, and other dependents. Damages are distributed according to state law, and these rights must be asserted within the statutory time limits.

What Types of Accidents Lead to Wrongful Death?

Many different types of accidents cause wrongful deaths in Virginia, such as:

• Motor vehicle accidents (car, motorcycle, truck, pedestrian)
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability incidents (slips, falls, unsafe conditions)
• Acts of violence

Every wrongful death case is unique, and no single approach is effective for all. The evidence needed and the legal strategy applied will vary depending on the specific cause of death.

Who Can File a Wrongful Death Lawsuit in Newport News?

In Virginia, the personal representative (executor or administrator) of the deceased’s estate can file the claim on behalf of the statutory beneficiaries. A personal representative is an individual designated by the decedent before their death, a court-appointed person, or another individual, such as an attorney. Beneficiaries are the family members who are eligible to receive compensation under Virginia law, including dependent relatives or other eligible parties.

What Compensation Can Be Recovered in a Newport News Wrongful Death Case?

Surviving family members may be eligible to recover several types of compensation under Virginia law. These generally fall into three categories:

Economic Damages

These are the practical expenses or losses that can be documented with receipts or financial records:

• Funeral and burial expenses.
• Medical bills incurred before the deceased’s passing that were related to the fatal injuries.
• Loss of the deceased’s income, financial support, protection, care, and assistance.

Non-Economic Damages

These represent the non-quantifiable losses that surviving family members experience:

• Loss of companionship, comfort, care, and guidance.
• Emotional suffering and mental anguish of surviving family members.

Punitive Damages

These are not common and should not be expected:

• In cases involving willful misconduct or gross negligence, punitive damages may be awarded to punish the wrongdoer and discourage similar conduct in the future.
• Virginia law makes punitive damages difficult to obtain, and whether they apply depends on the facts of each case.

Distribution of Wrongful Death Verdicts or Settlements in Virginia

Compensation from a wrongful death lawsuit in Virginia is not distributed based on the decedent’s will or through intestacy laws. Instead, the Virginia Code sets out specific statutory rules for how wrongful death damages must be allocated among statutory beneficiaries. The court must approve any settlement, and if there is disagreement between beneficiaries, the court has the authority to decide on an equitable distribution under the statute. Because of these rules, discussing distribution with a knowledgeable Newport News wrongful death attorney is important. The distribution of a wrongful death verdict or settlement can be done in multiple ways:

Jury Verdict May Specify

If the wrongful death case goes to trial, the verdict form may list each eligible statutory beneficiary and award a specific amount to each of them based on the evidence.

Agreement Among Beneficiaries

In many cases, family members agree on how the settlement should be divided. This agreement must be approved by the court to ensure fairness and compliance with the law.

Court Intervention

If family members cannot agree, the court will decide how the compensation is distributed. Judges may consider factors such as the level of financial and emotional dependency on the deceased.

Who Can Recover Compensation Under Virginia Law

Virginia’s wrongful death statutes divide beneficiaries into two main classes:

Primary Beneficiaries (Class 1)

• Surviving spouse
• Children of the deceased
• Grandchildren (if the deceased’s child is also deceased)

Secondary Beneficiaries (Class 2)

• Parents of the deceased
• Siblings of the deceased
• Other relatives who depended on the deceased for financial support

If there are no surviving primary beneficiaries, the secondary beneficiaries may recover damages. In some cases, extended family members may also qualify if they can prove financial dependency on the deceased.

What Is the Statute of Limitations for Wrongful Death Cases in Newport News?

In Virginia, wrongful death claims must generally be filed within two years from the date of death in accordance with Code of Virginia § 8.01-244. This sounds like a lot of time, but it isn’t. It takes time to build a strong case. Missing this deadline can permanently bar recovery. While there may be some exceptions to this two-year limit, these are rare. Speaking with an attorney as soon as possible is critical to preserving your claim.

Frequently Asked Questions

How Much Compensation Will My Family Receive?

In Virginia, compensation in a wrongful death lawsuit can cover funeral and burial costs, medical expenses related to the fatal injury, loss of the deceased’s income and services, and emotional damages like sorrow and loss of companionship.

Punitive damages up to $350,000 may also be awarded if the death resulted from willful or wanton conduct. The exact amount varies on a case-by-case basis and is determined by the court or jury based on what is deemed fair and just.

What Are the Odds of Winning a Wrongful Death Lawsuit?

The likelihood of winning a wrongful death lawsuit depends on proving negligence, causation, and the existence of damages. Although no Virginia-specific statistics are available, strong evidence and experienced legal representation significantly enhance the chances of a favorable outcome.

What Burden of Proof and Evidence Is Required for a Wrongful Death Lawsuit

Victims pursuing compensation in wrongful death cases are required to prove liability by a “preponderance of evidence.” This requires specific types of evidence, such as medical records, expert testimony, witness statements, and other relevant details.

To prove liability in a wrongful death case, victims must demonstrate the same four elements involved in personal injury cases: negligence, breach of duty, causation, and damages. This will help build a stronger case and empower victims to receive the maximum compensation under the law.

What Should I Look for When Hiring a Wrongful Death Attorney in Newport News, VA?

When searching for an attorney, you will want to look for a firm with specific experience in Virginia wrongful death law. Choose an attorney who understands the Commonwealth’s complex beneficiary rules and damages and is compassionate about the emotional aspects of these cases.

Your lawyer should have a strong track record of wrongful death claims, successful case results, offer clear communication, and possess the ability to handle all legal processes, including representation of the personal representative who must file the suit. Local knowledge of Newport News courts and relevant statutes is also important.

Talk to Our Wrongful Death Lawyer in Newport News About Your Potential Case.

The loss of a loved one in a tragic accident caused by negligence is an unthinkable event. Trying to function in the aftermath of a family member’s death is unimaginable. The compassionate lawyers at Montagna Law understand.

We invite you to speak with us. Our Newport News wrongful death lawyers can provide you with a no-obligation case review, along with an honest assessment. To schedule your free consultation, call us at 757-622-8100 or, if preferable, contact us through our online contact form, and a member of our legal team will be in touch.

Have another legal issue? Montagna Law has experience in many other practice areas, including car accidents, truck accidents, and motorcycle accidents. Whatever your legal issue, know that we are equipped to present a strong personal injury claim and pursue fair compensation.