Poquoson Wrongful Death Lawyer

The untimely death of a loved one is among the most painful experiences you can face. However, when the death is caused by someone else’s misconduct or negligent actions, grief becomes overpowered by a desire for justice. As an experienced wrongful death lawyer in Poquoson, I will hold the at-fault party accountable.

Filing a claim after a wrongful death accident comes with many challenges, in addition to the already difficult grieving process. A Poquoson personal injury lawyer, like myself, can guide you through the steps you need to take. I have over 15 years of experience helping families in Virginia rebuild their lives. Call me, Ed Atkinson, today for a free consultation.

Compassionate Legal Guidance for Surviving Family Members

A wide range of accidents can lead to a wrongful death case. As an experienced attorney, I have seen the consequences fatal accidents have on those left behind. The emotional trauma, financial strain, and uncertainty about the future are burdens that no family should have to face alone. Let me be by your side every step of the way and empower you to fight for justice.

I handle a wide variety of cases and also represent clients in Poquoson as a:

• Car accident lawyer
• Truck accident lawyer
• Motorcycle accident lawyer
• Pedestrian accident lawyer
• Boating accident lawyer

Even if your loved one died under different circumstances, reach out to me, as I might be able to help. Any situation where someone’s recklessness, negligence, or unlawful disregard for the safety of others leads to loss of life could be grounds for a wrongful death claim.

How Virginia Law Defines Wrongful Death

According to Virginia law, wrongful death is the loss of life that results from another party’s “wrongful act, neglect, or default.” Had the victim survived, they could have filed a personal injury claim. However, in the unfortunate event of their passing, an appointed individual has the right to file a wrongful death lawsuit to seek compensation on behalf of the family.

The legal system empowers the grieving family to pursue justice and hold the responsible party accountable for their actions. While wrongful death cases often involve complex problems, an experienced lawyer can simplify the process. I will help you better understand how state laws impact your case and evaluate your options to recover your losses.

Available Damages in a Poquoson Wrongful Death Case

The death of a loved one can have a profound financial impact on surviving family members, especially if the decedent was the main breadwinner. While no amount of money can truly heal the wounds left by the tragic loss, seeking damages can offer some much-needed financial support.

You could receive a wide range of wrongful death damages like:

• Sorrow and mental anguish
• Loss of the decedent’s income and services
• Medical bills for the treatment, care, and hospitalization of the victim prior to death
• Funeral expenses

As your Poquoson wrongful death attorney, I will calculate the full financial impact of losing a beloved family member. When you work with Atkinson Law, you can expect a results-driven legal approach. Throughout my legal career, I have established a history of successful case results. I understand that the resolution to your case could help you find closure.

Possible Punitive Damages in Wrongful Death Cases

These types of damages punish the negligent party and discourage others from engaging in similar activities. However, not all wrongful death claims qualify. Generally, you have to prove that the defendant showed an unconscious disregard for the victim’s rights.

Drunk driving accidents are a classic example of a case that is eligible for punitive damages. If the intoxicated driver had a blood alcohol concentration (BAC) of 0.15% or more, the case could qualify. Also, according to Virginia Code §8.01-44.5, if a driver unreasonably refuses to submit to a BAC test, they show an unlawful disregard for the safety of others on the road.

Virginia law places a limit on punitive damages, so the maximum amount you could get is $350,000. However, this will be on top of recovering your losses, like the decedent’s medical bills, funeral expenses, and even mental anguish. As a Poquoson drunk driving accident lawyer, I have represented many families who have lost a loved one in a fatal car accident.

Who Is Eligible to File a Wrongful Death Claim in Virginia?

Who can file a wrongful death claim is determined by the Code of Virginia § 8.01-53. A personal representative of the deceased victim’s estate can file a lawsuit for surviving family members, including children, the spouse, grandchildren, and other relatives who belong to the same household or were dependent on the decedent for support.

Compensation is typically equally distributed among qualifying family members. However, the court may consider different factors when distributing the award, including the financial needs of each individual.

Virginia’s Statute of Limitations for Wrongful Death Lawsuits

The statute of limitations sets a deadline for taking legal action against the responsible party. In Virginia, most wrongful death cases must be filed within two years from the date of death. If you fail to submit all the documents within this timeframe, you may lose your right to fair compensation.

It is important to note that there are exceptions to the standard statute of limitations, depending on the unique circumstances of your case. To learn exactly how much time you have to file a lawsuit, talk to an experienced Poquoson wrongful death lawyer.

Call an Experienced Poquoson Wrongful Death Attorney Today

After the tragic loss of a beloved family member, you can expect to receive compassionate legal guidance at Atkinson Law. As your Poquoson wrongful death lawyer, I will protect the memory of your loved one.

You can rely on me to handle your claim, allowing you to prioritize your healing journey and the well-being of your family. Contact me today to share the details of your case.