Fredericksburg Wrongful Death Attorneys
Losing a loved one under any circumstances often leaves you with a great deal of pain and uncertainty. Losing a loved one unexpectedly, due to someone else’s negligence, can increase that confusion and leave you struggling to decide what to do next.
While financial compensation cannot replace your loved one’s role in your life, it can help you move forward after your loss and provide the funds you need to help replace your loved one’s financial contribution while you adjust to the loss. Do you need a wrongful death attorney in Fredericksburg who can help you understand the compensation you deserve after a loss? Contact Emroch & Kilduff today at (540) 898-2882.
Emroch & Kilduff: Helping Bring Justice to Wrongful Death Cases
At Emroch & Kilduff, we have obtained satisfactory results for our clients in many past cases, including $2 million for the family of a victim who died under anesthesia.
While these results cannot guarantee the results in your wrongful death case, we will endeavor to approach your claim with the same seriousness and intensity that we brought to those past cases.
Is Hiring a Lawyer Really Worth It?
In many cases, simply having a lawyer on your side can increase the settlement the insurance company is willing to offer and make it easier for you to navigate the complex process of pursuing a claim for damages. A lawyer can offer valuable advice about how to communicate with the insurance company and, in many cases, can negotiate with the company on your behalf. In our experience at Emroch & Kilduff, hiring a lawyer to handle a claim relating to a personal injury results in a better outcome for you and your family than trying to pursue the process on your own.
At Emroch & Kilduff, we start with a free consultation to better understand your claim and your loved one’s death. We accept our wrongful death clients on a contingent fee basis to make it easier for our clients to afford the lawyer they need.
Wrongful Death Claims: Who Can File?
In a personal injury case, an attorney representing the injured individual typically takes care of pursuing a claim for damages. In a wrongful death claim, however, the injured individual has died and someone needs to assert that individuals rights on his or her behalf. Under Virginia law, the following persons typically have the right to seek damages for “wrongful death” after the tragic loss of a loved one because of someone else’s negligence or recklessness:
- The spouse of the deceased
- The parents of a minor child
- Parents who relied on support from an adult child
- The children of the deceased
In some cases, other family members may also have the legal right to pursue the claim. Talk with a lawyer to determine whether you have grounds that could entitle you to pursue a wrongful death claim.
What Damages Can I Seek in a Wrongful Death Claim?
There are a variety of factors that determine the “types” of damages a surviving spouse or family member can seek in a Fredericksburg wrongful death claim, including the nature of the injury that caused the death and the age, income, and health of the deceased before the accident. As a general matter, the damages recoverable often include:
- Medical expenses for the deceased prior to death
- Loss of companionship or mentorship from the deceased
- Loss of services the deceased provided, including childcare, home maintenance, and cleaning
- Loss of the deceased’s income
How Do Wrongful Deaths Occur?
Any type of accident for which the deceased would have had grounds for a personal injury claim, had they lived, qualifies for a wrongful death claim if they died as a result of that accident. At Emroch & Kilduff, we have represented surviving spouses and family member in many types of wrongful death claims, including claims arising from:
- Construction accidents
- Auto accidents, including pedestrian accidents with automobiles
- Motorcycle accidents
- Premises liability accidents
- Medical malpractice
- Nursing home neglect or abuse
- Bicycle accidents
- Boating accidents
- Product liability accidents
These are just examples, of course. No matter how your loved one passed away, if the loss of life resulted from someone else’s careless or reckless conduct, even if that conduct happened long ago and your loved one only passed away recently, then you may have the right to pursue a wrongful death claim under Virginia law.
Wrongful Death: Who Bears Responsibility?
In many cases, the individual who bears responsibility for your loved one’s death immediately seems clear: the other driver in an auto accident, for example. However, your attorney will guide you through an analysis to help determine whether there are other, less obvious, parties who bear responsibility for your loss. This analysis seeks to identify all of the people or companies that may have violated a “duty of care” to your loved one, resulting in an untimely and tragic death.
Do Insurance Companies Typically Handle Wrongful Death Claims Quickly?
In some cases, after you file a wrongful death claim, the insurance company will step forward and offer a fast settlement—but that doesn’t mean you should take it. And unfortunately, in many cases, the insurance company may fight the claim, employing several common methods:
- Trying to prove a lack of responsibility on the part of their client
- Denying the full extent of the services your loved one provided for the family
- Offering a low settlement immediately after the accident
Talking with a lawyer can help protect you from falling victim to insurance company tactics designed to cheat you out of the settlement you and your loved ones deserve.
Contact a Fredericksburg Wrongful Death Attorney Today
If you need a lawyer after losing a loved one due to someone else’s negligence, contact Emroch & Kilduff today at (540) 898-2882.