Losing a loved one due to the negligent or intentional acts of another is an unspeakably tragic event. At Burnett & Williams, we understand the emotional and financial toll this takes on families. For residents of Virginia, Burnett & Williams provides comprehensive personal injury representation across the state, with seven convenient locations, including offices in Culpeper and Orange.
This guide offers clarity on wrongful death claims, specifically regarding factors that determine case value and the crucial role of skilled legal representation in navigating these complex cases.
What is a Wrongful Death Claim?
A wrongful death claim is a means for the family of a deceased individual to seek compensation when their loved one dies due to someone else’s negligent or intentional act. The Administrator of the Estate of the decedent brings the claim, and damages are awarded to particular beneficiaries, as defined by Virginia law. This legal action covers various circumstances, including motor vehicle accidents, medical malpractice, and intentional acts like homicide.
Determining the Value of a Wrongful Death Claim
There is no amount of money that can bring back a loved one or remove the profound sense of loss and grief occasioned by their death. While the objective of compensation in a wrongful death claim is to make the victim’s loved one whole, a monetary award alone can never accomplish that. Compensation can, however, help to ease the financial burdens of those who relied on the decedent for support. While it’s challenging to assign a monetary value to a person’s life and contributions, Virginia law considers the following factors:
- Any sorrow, mental anguish, and loss of solace suffered by the beneficiaries. Solace may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
- Any reasonably expected loss in income of the decedent suffered by the beneficiaries; and
- Any reasonably expected loss of services, protection, care, and assistance which the decedent provided to the beneficiaries.
- Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in his or her death; and
- Reasonable funeral expenses.
The value of a wrongful death claim depends on many different factors. Still, the loss suffered by loved ones is invariably tragic and can be economically devastating. This fact often leads to settlement or verdict amounts that are relatively higher than personal injury claims that do not involve a death.
When to Seek Professional Help
It is advisable to consult with a professional if:
- Complex legal issues arise: Navigating the legal landscape of wrongful death claims requires expertise in state laws and case precedents.
- Negotiating with insurance companies: Insurers often aim to minimize payouts. Attorneys work to ensure that families receive fair compensation.
- Handling paperwork and legal procedures: The legal process can be overwhelming for grieving families. Lawyers handle these burdens, allowing families to focus on healing.
Why Choose Burnett & Williams
At Burnett & Williams, our commitment to our clients is deeply personal, as noted a local guide in Culpeper, who recently reviewed our services:
Burnett & Williams has a special place in my heart. They genuinely care about their clients and work tirelessly. Their dedication and professionalism are unmatched. Highly recommend them.
—Anjali K
Our offices, including Central Virginia locations in Culpeper and Orange, stand ready to support families facing the aftermath of wrongful death with compassion and dedicated legal expertise. We ensure that each case is handled with the attention it deserves, aiming for the maximum settlement possible.
Conclusion
Wrongful death claims are about securing financial compensation and holding the responsible parties accountable for their actions. If you’re facing such a tragic situation, it’s crucial to work with attorneys who understand the intricacies of wrongful death claims and who can advocate effectively on your behalf.
Contact Burnett & Williams for a consultation if you believe you have a wrongful death claim. Our experienced team will guide you through every step, ensuring justice for your loved one.