Wrongful death attorneys must be armed with knowledge of personal injury law, full control of the facts, and compassion for survivors who have lost a loved one. They must also know the scope of damages allowed under the wrongful death statute.
Brien Roche has over 45 years of trial experience, garnering over $65,000,000 for clients. If you are a survivor of someone who has lost their life due to the fault of another, contact Tysons wrongful death lawyer Brien Roche today.
When to Seek Compensation
If a person suffers an injury that results in death, their estate representative may assert a wrongful death claim. Although death brings an end to the pain and suffering of the deceased, there may be family members left behind who continue to suffer and may continue to experience damages into the future.
The damages recoverable may be economic or may be non-economic. Economic damages can include loss of income and the value of the loss of services from the passing of the decedent. There may also be medical and funeral expenses. The non-economic damages may include the grief associated with the passing.
Survivors may consider filing a wrongful death suit resulting from the following:
- Vehicle Accidents
- Defective Products
- Medical Malpractice
- Intentional Torts
- Truck Accidents
If you have suffered the loss of a loved one, you may be entitled to substantial compensation from the responsible parties in a wrongful death lawsuit, so consult with a Tysons attorney as soon as possible.
Key Factors
In order to effectively recover the full extent of the damages suffered, you’ll need to consider the following criteria:
- No Delay: Suit should be filed as quickly as possible with the help of a Tysons wrongful death attorney.
- Life Expectancy: Using the medical histories of the decedent and the beneficiaries, prove the natural and work life expectancy of each.
- Losses: Show the economic hardships suffered by survivors: the earnings and the value of the services of the decedent, which must be replaced; additionally, demonstrate to a jury the extent of the grief and emotional damage suffered by the loss of the decedent.
- Survival Claim: Any personal injury claim that existed prior to the decedent’s death may in some cases be pursued.
- Hedonic: Convey the loss of enjoyment of life with the testimony of psychologists.
Frequently Asked Questions
What are some useful resources for people thinking about filing a wrongful death suit?
Some books that may help with these issues are Motherless Daughters, The Legacy of Loss by Hope Adelman and The Loss That is Forever; The Lifelong Impact of Early Death of a Mother or Father by Maxine Harris.
What if I want to file a suit for the wrongful death of a child or teenager?
The wrongful death of a minor is against the natural order of things. It defies understanding. Furthermore we are supposed to outlive our children. In developing the extent of loss in a child death case you should prepare to gather documents (medical and school records), documentation of activities, and photographs.
Can a parent file a suit for the wrongful death of an adult child?
The death of an adult child may not be as compelling as that of the of a younger child. However the loss to the parent may be every bit as compelling. The parent has lost not only a child but also a friend. Call, or contact us for a free consult.
Does there need to be a personal representative?
In any wrongful death suit, an administrator or executor must be appointed. The Will designates the executor. The court appoints an administrator in the absence of a Will. Both the executor and administrator are referred to as the personal representative, and the case is brought in that person’s name. That person acts as the representative of the people to benefit from the suit, and may be a beneficiary themselves. Any proceeds of the case will be paid to the beneficiaries.
What is the statute of limitations?
The statute of limitations in a wrongful death action is two years from the date of death in Virginia. It is possible to extend it by one year in limited instances. However, if the death occurred in another state, then it may be that the statute for that wrongful death act controls. The statute of limitations in some states is literally a part of the claim. Therefore the state law where the death occurred may be controllin
