The loss of a loved one in an accident causes untold trauma and strain for those left behind. At Emroch & Kilduff, we understand the challenges that follow in the wake of the sudden death of a spouse or family member, and we aim to help our clients recover the compensation they deserve for their loss.
Our team has secured millions in compensation for wrongful deaths stemming from Virginia motor vehicle accidents, medical errors, and unsafe property conditions, among others.
- How Can Emroch & Kilduff Help With Your Virginia Wrongful Death Claim?
- Careful Case Evaluation
- Thoughtful, Sound Legal Guidance
- Thorough Preparation of Wrongful Death Claims
- Representation of Your Interests
- Skillful Navigation of the Settlement Process
- Taking Your Wrongful Death Case to Trial
- Bringing a Case for Damages
- Free Consultation and No Fees Unless We Get You Results
- Speak With an Experienced Virginia Wrongful Death Lawyers Today
How Can Emroch & Kilduff Help With Your Virginia Wrongful Death Claim?
Representing clients in these cases takes a thorough understanding of how insurance companies and their lawyers think. Insurance companies are interested in minimizing their economic exposure when a serious injury or death has occurred.
They hire attorneys whose job it is to aggressively undermine each aspect of your claim. We know their tactics and can counter them effectively. To do so, we invest the time and resources necessary to prepare every case for trial. We will proceed to trial if it is in your best interest.
Here are some of the ways our compassionate, hard-working team of lawyers and legal professionals can help you after the wrongful death of your loved one in Virginia.
Careful Case Evaluation
Grieving spouses and family members often come to us uncertain of whether they have a case to make for the wrongful death of their loved ones. We have years of experience in helping them understand their rights and options.
That often begins with our team conducting a thorough review of the facts and circumstances of a loved one’s death. We do not settle for the conclusions reached by police and other outside investigators. Instead, we strive to examine the evidence first-hand, drawing on our decades of accumulated knowledge and know-how to pinpoint the root causes of your tragedy and identify those who deserve to be held accountable.
Thoughtful, Sound Legal Guidance
At Emroch & Kilduff, one of our most important jobs is to make sure you understand your legal rights and options for pursuing a wrongful death claim under Virginia law. Our clients rely on us to provide intelligent, accurate advice about important decisions that can affect their well-being and future. We listen to your concerns, act on your priorities, and answer your questions in plain language that you can easily understand.
Thorough Preparation of Wrongful Death Claims
Once our client has decided to move forward with pursuing a wrongful death claim, the team at Emroch & Kilduff handles all aspects of planning and preparing the most robust possible case. We gather evidence, interview witnesses, and write careful, well-reasoned claims filings that convincingly present our clients’ cases to courts and opposing parties.
Importantly, we never rest on the assumption that a case will settle; we always do the hard work of constructing a body of evidence and arguments that will stand up to the test of a trial, if that’s what it takes to get results for our client.
Representation of Your Interests
After losing a loved one, our clients frequently need time and space to grieve and rebuild. The lawyers and legal professionals at Emroch & Kilduff help make that possible by serving as your representative in dealing with journalists, investigators, insurance companies, and others who may want to intrude on your privacy during this difficult time. We advocate for your interests without fail, making sure you and the memory of your loved one receive the dignity and respect you deserve.
Skillful Navigation of the Settlement Process
Many Virginia wrongful death cases settle out-of-court through the at-fault party (or parties) agreeing to pay to compensate the grieving spouse and/or family. At Emroch & Kilduff, we work diligently to achieve a favorable settlement of our clients' wrongful death claims.
Our attorneys are skilled negotiators who know how to obtain top-dollar case results in even the hardest matters. But just as importantly, we understand the importance of providing clear and patient guidance to our clients to help them decide when to accept a settlement, and when to keep fighting. We will never pressure you into an unwanted resolution of your Virginia wrongful death case—the choice to settle is yours, and yours alone.
Taking Your Wrongful Death Case to Trial
Sometimes, however, Virginia wrongful death cases do not settle and proceed to trial before a judge and jury. Clients of Emroch & Kilduff can rest assured if that is how their cases go, our team will be ready to make the strongest possible presentation in court. We're a team of award-winning trial attorneys who never shy away from the courtroom, and who know how to achieve the largest awards from Virginia juries in wrongful death cases.
Bringing a Case for Damages
Who can file? The personal representative of the deceased has two years after the death of the injured person to file a lawsuit as a result of the negligent or wrongful act of another. In Virginia, family members or dependents defined as statutory beneficiaries may file wrongful death claims. The specific order is as follows:
- Surviving spouse and children or grandchildren of the deceased person
- Surviving parents and siblings of the deceased, or any relative who shares the deceased person’s household and is a dependent of the deceased
- Surviving family member entitled to inherit the deceased’s estate under Virginia’s intestacy laws
A surviving spouse and parents of the deceased may file a claim together if there are no surviving children. However, parents whose rights have been terminated may not recover damages in a wrongful death claim. The grounds for filing a wrongful death claim can be complex but the attorneys at Emroch & Kilduff can help you and your family to understand the laws and distribution methods provided by statute.
Damages. The personal and financial burden following a wrongful death will be considered by the judge or jury. Economic and non-economic damages are included in the evaluation and may include the following hardships:
- Mental anguish – Loss of companionship, comfort, guidance, society, kindly offices, and advice of the deceased
- Compensation – Loss of income, services, protection, care, and assistance from the deceased
- Expenses – Care, hospitalization, medical treatment for the injury that resulted in death
- Funeral and burial expenses
- Punitive damages – Includes willful or wanton conduct by the defendant, or recklessness with a conscious disregard for the safety of others
It may be difficult to quantify the tangible and intangible losses you experience after losing a loved one in a wrongful death situation. Anyone might feel overwhelmed by the medical bills and cost of services in addition to facing these challenges without your loved one. A wrongful death lawyer may be able to help you lift the financial burden and allow your family to grieve in peace.
Establishing liability. If the deceased person would have been able to file a personal injury claim had they survived, the appropriate family member described above may bring a wrongful death claim. In order to establish liability and recover the compensation, you must show that the negligent or wrongful conduct of another breached a duty of care owed to the deceased person and caused the resulting death. Some types of situations where this negligent or wrongful conduct could arise are:
- Airplane injuries
- Car Accidents
- Truck Accident
- Motorcycle Accident
- Pedestrian Accident
- Bicycle accidents
- Gun accidents
- Injuries resulting from drunk drivers
- Pulmonary embolism
- Spinal cord injuries
- Traumatic brain injuries
- Wrongful diagnosis
- Medical malpractice
- Nursing home neglect and abuse
- Defective products
- Pharmaceutical prescriptions
- Exposure to hazardous chemicals
- Premises liability—swimming pool accidents, slip-and-fall cases
- Criminal acts—assaults, shootings, etc.
While not all accidents, medical mistakes, or workplace fatalities are considered wrongful deaths, some of these situations do present viable claims. The circumstances of each case will vary and may require the close attention of an experienced attorney to meet the burden of proof on your behalf in order to link the resulting death to a specific party. A car accident may cause serious injury, which could prove fatal if a medical professional provides inadequate treatment breaching their duty of care owed to the deceased.
It is important to consult with a Virginia wrongful death attorney to go over the nuances of your case and understand your rights. Emroch & Kilduff are skilled in personal injury and wrongful death cases, so don’t hesitate to contact them today.
Free Consultation and No Fees Unless We Get You Results
At Emroch & Kilduff, we know that losing a loved one in an accident can put you and your family under financial strain. That's why we offer you a free consultation with a knowledgeable member of our team who can meet with you in person or remotely, at your convenience, to review your potential wrongful death case. We never charge for this consultation, even if you decide not to move forward with us.
In addition, in virtually all wrongful death cases we take, we represent our clients on a contingent fee basis. Our fee is a percentage of any money we secure on your behalf. You do not pay us in advance or as the case goes along. We only get paid if we get you results.
Speak With an Experienced Virginia Wrongful Death Lawyers Today
For more than 50 years, Emroch & Kilduff has provided skilled, compassionate legal representation for grieving spouses and families in wrongful death cases. We understand the challenges you face during this difficult time, and we hope to be able to guide you, advocate for you, and get you justice and financial compensation for your loss.
If you lost a loved one in Virginia to an accident that someone else caused, such as an auto accident, fall, or medical error, we invite you to contact us today at (804) 358-1568 for your free, confidential, no-obligation consultation.
At no charge to you, a member of our team can evaluate the circumstances of your loved one's death and give you an initial assessment of your potential rights and options for pursuing a wrongful death case under Virginia law.
Emroch & Kilduff, LLP – Richmond Office
3600 West Broad Street,
Richmond, VA 23230
Resolving a personal injury claim' a "good experience?" Absolutely! The E&K Team brought exceptional knowledge, skill, and resource as we moved through my case step by step. Issues were resolved with timeliness, quality, and integrity, always focusing on me as the client. E&K was a gift, and I would recommend them with the highest regard. Thank you, Ward, Marla and all! - Maia Kling