Your family deserves a compassionate advocate after the loss of a loved one. You can get the support you need from a Fairfax wrongful death lawyer from our team at BenGlassLaw. While no amount of money could ever make up for the loss of a loved one, you still deserve compensation and accountability from the people responsible.
A Fairfax personal injury lawyer from our firm can review your situation, answer your questions, and assist with any legal challenges your family faces. We have over 100 years of combined experience that we can apply to handling your claim.
You deserve time and space to grieve, spend time with family, and rebuild your life. Let us worry about your legal case, so you can focus on what really matters.
When to Contact a Wrongful Death Lawyer in Fairfax, VA
You need an advocate you can trust, someone who won’t see your grief and desperation as an opportunity for profit, in the immediate aftermath of a fatal accident. Our team can step in and protect your family quickly after the loss of a loved one.
We’re here to guide you, inform you, do the hard work, and help you make the best possible decision about your case. Then, we’ll tell your story to the skeptical insurance company and fight for full compensation for your losses.
We’d be happy to speak with you and help you figure out the next steps in this journey. You do not have to handle these legal challenges alone. Reach out to us for compassionate support for you and your family.
For a free legal consultation call (703) 591-9829
Damages You Can Recover from a Wrongful Death Claim
Your wrongful death attorney in Fairfax, VA, can help you secure fair payment for many of the damages your family faces after the loss of a loved one. Depending on your situation, you could receive funds to cover:
- Sorrow, mental anguish, and solace, which may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent
- Compensation for a reasonably expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent
- Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death
- Reasonable funeral expenses
- Punitive damages may be recovered in Virginia for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.
Note that in a wrongful death case in Virginia, there is no recovery for the pain and suffering of the person who died (“the decedent”). Wrongful death cases acknowledge the losses suffered by surviving family members rather than the deceased person.
What Are Punitive Damages?
In Virginia wrongful death cases, punitive damages serve a distinctive purpose compared to other forms of damages. Unlike compensatory damages, which aim to provide financial restitution for the losses suffered by the deceased’s family or estate, punitive damages serve to punish the defendant.
These damages are applicable in situations where the defendant’s behavior is especially harmful, showing either intentional malice or a reckless disregard for the safety of others. The imposition of punitive damages acts to deter similar negligent or malicious behavior in the future.
How Does the Legal System Distribute Benefits?
Ultimately, the court will determine the exact distribution of benefits to eligible beneficiaries. The family may request a specific distribution and submit it to the court for approval.
The court usually grants these requests if they are reasonable. Otherwise, the court will distribute the compensation in whatever manner it considers fair.
Once the case has reached a settlement or verdict, the money goes to the personal representative of the estate. The representative then pays the attorney’s fees (if applicable) and any outstanding debts, such as medical costs and funeral expenses.
After that, they distribute the remainder to the surviving family members as the court directs.
Fairfax Wrongful Death Lawyer Near Me (703) 591-9829
Why Choose Us After a Fatal Accident?
At BenGlassLaw, we believe in putting our clients first and treating them like family. We only take cases if we genuinely believe we can add value and accomplish more than our clients could on their own. We will never pressure you into hiring us or making a decision we don’t think is in your best interest.
Our team has over 100 years of combined experience, and we have a reputation for holding responsible parties accountable for their deadly actions. You can contact us now to schedule a risk-free initial consultation and learn more about how we can help your family.
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How Can Your Wrongful Death Lawyer Help?
Our team can assist with all legal issues associated with your family’s wrongful death claim. You can rely on us to:
Explain a Wrongful Death Claim
In many ways, a wrongful death action is similar to a personal injury claim. In either case, you need to prove that the wrongful act that caused your loved one’s death was the result of negligence; in other words, the at-fault party failed to exercise reasonable care, and your loved one died as a result.
You may have a chance to file this type of claim after the loss of a loved one caused by a car accident, medical malpractice, defective products, or any other preventable accident, injury, or exposure. You can learn more with a Fairfax wrongful death attorney.
Collect Evidence
We need to collect evidence that establishes another party’s legal liability for the loss of your loved one to help you secure financial compensation after an untimely death. We handle the investigation so that you can focus on your family during this difficult time.
We also need to show that the loss of your loved one caused damages to family members, such as sorrow, mental anguish, and loss of financial support.
Resolve Your Claim
We can work diligently to resolve your wrongful death action after the loss of a loved one. We may negotiate a fair settlement with the insurance company or help you with a lawsuit against the at-fault party.
Complete a Free Case Evaluation form now
Who Can File a Fairfax Wrongful Death Claim?
In Virginia, the personal representative (also known as the executor) of the deceased person’s estate must file a wrongful death claim. This person is typically either named in your loved one’s will or appointed by the court.
Note that while the personal representative is usually also eligible for benefits from a wrongful death suit, this is not necessarily the case. The personal representative does not receive any special treatment or compensation after the claim is resolved.
Who Receives Compensation for a Wrongful Death Claim?
Virginia law sets forth a specific procedure to determine who can recover compensation in a wrongful death case. In general, benefits will be paid to a surviving spouse and any surviving children and descendants, including grandchildren and great-grandchildren.
These are the statutory beneficiaries who always have the right to seek compensation. Most of the time, they are the only qualifying beneficiaries.
Time Limits on Wrongful Death Claims
One more vital factor to consider is the statute of limitations. In Virginia, you must file a wrongful death lawsuit within two years of the date of your loved one’s death.
This is not necessarily the same as the date of the original injury or exposure, particularly if your loved one survived for days, weeks, or longer before succumbing to their injuries.
Talk to Us After a Fatal Accident in Fairfax, VA
When you file a wrongful death claim, it’s best to have a wrongful death attorney to help make sure you get fair representation. Fortunately, you can get the professional support you need right now from a Fairfax wrongful death lawyer from our team at BenGlassLaw.
We’ll help your family explore your legal options and stand by you through every legal challenge you face. Learn more by contacting us for compassionate support.
Call or text (703) 591-9829 or complete a Free Case Evaluation form
