If someone you care about died because of negligence or wrongdoing, you should take legal action to hold those liable for the death accountable for the resulting losses.
Monge & Associates is an Arlington personal injury law firm here to help in these difficult situations.
Schedule your free consultation with our Arlington wrongful death lawyers for help in your pursuit of justice.
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Why Choose Monge & Associates for Your Arlington Wrongful Death Case
Wrongful death claims are complicated and you need an attorney with the knowledge, skill, and experience to guide you through.
Here are a few key reasons why you will find your advocate at Monge & Associates:
- Our firm has over three decades of experience representing clients in wrongful death and injury claims.
- We have stood up to big-name insurers in complex wrongful death cases
- We know Virginia’s complicated wrongful death laws in detail and can put that legal knowledge to work to maximize your chances of compensation
- We care about our clients, as our many 5 star reviews show, and we’ll treat your case with the compassion you need and deserve.
Don’t try to manage a wrongful death claim on your own when there is so much at stake. Let us help you fight to be made whole for the death of your loved one.
Understanding Wrongful Death Claims in Virginia
Virginia law establishes when and how you can pursue a wrongful death claim in the state. Here’s what you need to know about making your case.
Legal Definition Under Va. Code § 8.01-50
Virginia Code section § 8.01-50 establishes the right to pursue a wrongful death claim if:
- The death was caused by negligence, recklessness, or a wrongful act
- The victim who died would have had personal injury claim if they survived
- There is a direct link, or direct causation between the negligent act and the death
This statute will determine if you can make a case, and our attorneys will help you to understand your rights under the law.
Four Elements to Prove
The law also makes clear that there are four things you have to prove if you want to make a successful wrongful death case:
- The defendant had a duty of care to the deceased, such as the obligation a driver has to be safe on the road or a doctor has to provide professional care
- The defendant breached that duty or fell short of fulfilling it.
- The breach was the direct and proximate (immediate) cause of the death
- Survivors suffered measurable damages that they can be compensated for
Monge & Associates will help you to prove all of these elements of your wrongful death claim.
Common Types of Arlington Wrongful Death Cases
While there are many causes of wrongful death, here are some of the most common types of Arlington wrongful death claims:
- Motor Vehicle Accidents, including fatal crashes, pedestrian deaths, motorcycle accidents, and commercial truck crashes.
- Medical Malpractice, including deaths caused by misdiagnosis or delayed diagnosis, mistakes during surgery, negligence in the ER, or medication errors.
- Workplace Accidents, including fatal construction crashes, a fall from a high height, or a death due to equipment failure.
- Premises Liability, which covers deaths resulting from a slip and fall, negligent security, or other injuries on property.
- Product Liability, which means a defective product was the direct cause of the death. Dangerous pharmaceuticals are a common issue, but other products can also cause fatal injuries, too.
Who Can File a Wrongful Death Claim in Arlington
Under VA’s laws, a personal representative of the estate can file a wrongful death claim.
This could be the individual chosen as the executor or administrator of the deceased’s estate when the deceased person made a will.
If there isn’t a will, then the court can appoint an administrator.
While the personal representative makes the claim, close relatives receive the compensation. Under Va. Code § 8.01-54, here are the statutory beneficiaries who receive wrongful death damages:
- Surviving spouse and children, who are primary beneficiaries
- Parents if there is no no spouse or children
- Siblings if there is no spouse, children, or parents
- Other dependent relatives in the household
- The estate, if there are no surviving close family members
Virginia’s Wrongful Death Laws and Deadlines
Other Virginia rules also apply to wrongful death claims including a two year statute of limitations, which requires that you file your claim within two years to avoid the claim being time barred and not allowed to move forward.
There are, however, some exceptions in cases of medical malpractice where a delayed diagnosis or problem may not be discovered until later.
An experienced Arlington wrongful earth lawyer can help you to both understand the exceptions and ensure you are filing your claim within the allowable time so your case isn’t prevented from moving forward.
Damages Available in Arlington Wrongful Death Cases
Surviving loved ones in a wrongful death claim are entitled to collect both economic and non-economic damages when someone has passed away.
Here are some of the different kinds of compensation that you may be able to receive.
- Economic Damages
- Medical expenses before the deceased’s death
- Funeral and burial costs
- Lost income and future earnings the deceased would have earned had he not been killed
- Loss of benefits and retirement savings
- Loss of household services the deceased provided.
- Non-Economic Damages:
- Sorrow and mental anguish resulting from the death
- Loss of companionship and guidance
- Loss of consortium for spouses
- Loss of parental care and nurturing
- Punitive Damages:
- only in limited cases involving willful or wanton misconduct
How Our Arlington Wrongful Death Attorneys Build Your Case
An Arlington wrongful death attorney can provide invaluable help in building your case.
Monge & Associates will assist with all of the following.
- Investigation and Evidence Gathering: We can put you in touch with accident reconstruction specialists, connect you with medical experts and financial experts to analyze losses, and interview witnesses to gather statements.
- Establishing Liability: Our firm will work with you to prove negligence or recklessness, document safety violations, and uncover past incidents to show a pattern and practice of unsafe behavior.
- Calculating Full Compensation: We can work with economists and experts to make future earning projections, estimate life expectancy, and otherwise prove the extent of your losses.
The Legal Process for Wrongful Death Claims
Here is what you can expect during your wrongful death claim:
- You’ll complete an initial consultation and case evaluation
- An estate representative will be appointed if necessary
- We’ll conduct a comprehensive investigation of the circumstances of the death
- Our firm will file your claim within the statutory deadline
- We’ll negotiate with the insurance companies on your behalf to try to reach a settlement
- We’ll litigate on your behalf if no settlement can be reached, bringing our decades of experience in the courtroom to your case.
- After you collect compensation, the award will be distributed to beneficiaries.
Monge & Associates will be there for you at every step of your case.
Why Arlington Families Need a Wrongful Death Lawyer
Hiring an Arlington wrongful death lawyer is critical, as your attorney will:
- Help you navigate complex Virginia wrongful death statutes
- Handle aggressive insurance company tactics to protect your rights
- Provide access to expert witnesses and resources
- Offer a proper valuation of your damages
- Help you meet critical deadlines and requirements
- Allow you to grieve while taking care of your legal issues
- Help you hold the responsible parties accountable
Frequently Asked Questions
Who receives the wrongful death settlement?
VA laws determine who receives a wrongful death settlement. This usually includes spouses and children, parents, or other close relatives.
What if the deceased had no will?
If the deceased had no will, the court may need to appoint a personal representative to settle the estate. The personal representative can bring a wrongful death claim. The compensation from the wrongful death case will be distributed according to VA’s wrongful death statute.
Can we sue government entities like the VA?
It is sometimes possible to sue government entities but there are special rules that apply. You need a skilled attorney to help you sue the government.
What if we can’t afford a lawyer?
Arlington VA wrongful death lawyers work on a contingent fee basis. You don’t pay legal fees unless we collect compensation on your behalf.
Contact Our Arlington Wrongful Death Attorneys Today
Don’t hesitate to get legal help if your loved one was killed.
Virginia law gives you the right to pursue a wrongful death claim, and Monge & Associates will help you to navigate the legal system and fight for justice.
Call today to schedule your free consultation with an Arlington wrongful death lawyer to learn more (703) 991-4787.
Our Arlington Office
1408 N Fillmore St Suite 6A
Arlington, VA 22201
(703) 991-4787