The death of a loved one as a result of another person's wrongful act is always a sudden and traumatic event. It is incredibly emotional and stressful for those who have been left behind. The last thing that you want to think about while going through this difficult time is ensuring that your loved one's family members are adequately compensated for their loss. That is why it is extremely important to choose the right attorney to represent you in making a wrongful death claim.
Wrongful death cases are very emotional which is why it is important to have a wrongful death attorney who can explain the nature of the claim in very objective, legal terms and who knows what kind of recovery the family members can expect. For example, I have had many clients think that in a wrongful death lawsuit they are entitled to recover an amount of money that represents the value of the decedent's life. However, under Virginia law, the recoverable damages in a wrongful death lawsuit are actually those money damages designed to compensate the surviving family members for their loss. For example, under Virginia law, beneficiaries are entitled to receive compensation for their sorrow and mental anguish, the loss of companionship, comfort and advice as a result of their loved one's death, and the lost income of their loved one in addition to funeral and medical expenses incurred. What a fair and just amount is in any given case varies greatly depending on the circumstances of the case. An experienced wrongful death attorney knows what facts and circumstances can effect the value of the client's claim and can provide advice to the client as to what amount a jury would likely award under the circumstances of each individual case.
Additionally, the legal aspects of a wrongful death case can be extremely complex which is why it is important to choose a wrongful death attorney with experience who can navigate these legal issues for the client. Even before a lawsuit is filed, the attorney needs to determine the beneficiaries who are entitled to recover under the law, who the responsible party or parties are who caused the decedent's death, what the limitations period for filing the lawsuit is, in which court the lawsuit should be filed, and whether there is any available insurance coverage.
Then, once a lawsuit is filed, the litigation process becomes extremely involved. I have handled several wrongful death cases where it took many months, many hours of legal research, hours of deposition testimony and multiple hearings before the Court before it could even be determined whether the beneficiaries had a right under the law to sue the party whom they felt was responsible. For example, if the wrongful death occurred at work, there is no right of recovery against an employer other than obtaining worker's compensation benefits. Once it is determined that such a right to sue exists, it needs to be determined whether the responsible party will likely be found liable to pay damages by a Court of law and if so, the amount of damages that can be proven. This process can take months of investigation and will very likely entail the employment of experts with various areas of specialty. Some experts who may be needed depending on the case are engineers, accident reconstructionists, economists, accountants, medical experts, and biomechanical experts. An experienced wrongful death attorney will be able to determine what evidence needs to be established at trial to secure a recovery for the client and what experts are needed to help establish and interpret that evidence.
The right wrongful death attorney, like the attorneys at Kalbaugh, Pfund & Messersmith, will not only be capable of skillfully handling all of the complex legal issues associated with the client's wrongful death claim to ensure the most fair and just recovery possible, but will also be extremely sensitive to the individual client's needs during this emotional and stressful time.
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