Wrongful Death Attorneys in Alexandria, Virginia
Losing a loved one is a devastating experience. Finding peace in the face of such a traumatic experience can be challenging when the loss results from someone’s negligent actions. Virginia law holds accountable those who wrongfully cause another’s death.
Surviving family members may be entitled to bring a claim against the person responsible for their loved one’s death. A Virginia wrongful death lawyer advocates for surviving family members, giving them a voice and helping them pursue justice.
Frogale Law provides compassionate representation to those who lose a loved one because of someone’s wrongful actions. We understand the pain you are experiencing, and we are here to listen to your story. We can work with you to develop a case strategy that honors your priorities and healing journey.
What Is a Wrongful Death Claim?
A wrongful death claim is similar to a personal injury claim in that you are claiming that someone else’s negligent actions caused your loved one’s death. Virginia imposes a two-year deadline (called the statute of limitations) by which surviving family members can bring a wrongful death action. Sometimes, this deadline is longer or shorter than the standard two years due to things like disability or other factors.
A wrongful death attorney can review your case and help you determine when you must file a lawsuit for damages. If you miss this deadline, Virginia law may preclude you from bringing a lawsuit against the responsible party.
Who Can Bring a Wrongful Death Claim in Alexandria, Virginia?
In Virginia, the wrongful death lawsuit is brought by the personal representative of the person who passed away. They act as the primary contact for the case and, in some ways, “stand in” on behalf of the person who died and the deceased person’s loved ones.
The following parties may be eligible to receive damages that the court or jury awards:
- The surviving spouse,
- Children of the deceased,
- Surviving children of a deceased child, and
- In some cases, the parents of the deceased.
Additional or different parties may receive compensation if the above does not apply to the situation. Because Virginia’s rules on who may benefit from a damages award are complex, it is essential to talk to an experienced wrongful death attorney. They can review your situation and advise you on who is eligible for compensation.
What Do You Need to Prove in a Wrongful Death Case?
To have a valid wrongful death case, you must prove that someone else’s “wrongful act, negligence, or default” caused your loved one’s death. For example, you might show that the at-fault party had a responsibility to act or refrain from acting in a certain way but failed to do so. You or your attorney must also prove a causal connection between the at-fault party’s actions or inaction and your loved one’s subsequent death.
You can support your claim by providing witness testimony, physical evidence, and medical records. The strength of the evidence and your legal arguments are significant for you to win your case. Wrongful death lawyers in Virginia can help support and guide you during this emotional and challenging time. Frogale Law serves clients by shouldering the legal burden of the circumstances so they can focus on healing from their loss.
What Compensation Can You Receive in a Wrongful Death Case in Virginia?
Virginia law allows the jury or the court to award “fair and just” damages in each case. By law, the award of compensation should include the following if the case goes to trial:
- Mental anguish,
- Loss of services and protection of the deceased,
- Loss of income of the deceased,
- Injury-related medical expenses to care for the deceased up until their death, and
- Funeral expenses.
Punitive damages may be appropriate where the at-fault party engaged in willful or wanton conduct or disregarded the safety of others and that led to your loved one’s death.
What Are the Benefits of Hiring a Virginia Wrongful Death Lawyer?
Facing the death of a loved one can be very difficult, especially if they would not have died if someone had acted differently. A wrongful death attorney serves as your advocate and guide while holding accountable the person or institution who caused your loved one’s death. This gives you space and the opportunity to focus on healing, processing, and moving forward.
VA wrongful death attorneys can perform valuable services for you and your family during this time, such as:
- Communicating with third parties on your behalf,
- Helping you to meet essential filing deadlines,
- Negotiating with the at-fault party and the insurance company on your behalf,
- Gathering evidence to prove the claim,
- Arguing the case in front of a judge or jury at trial, and
- Keeping you updated on the progress of the case.
You and your family are going through a lot right now. An attorney can help ease your burden and advocate for your best interests.
Frogale Law: Compassionate and Competent Legal Counsel Serving Alexandria
James Frogale has experience litigating cases throughout Northern Virginia. He takes a rigorous and personal approach to the practice of law, lending an ear to his clients and fighting for the best outcome. He cannot undo the wrongs committed by the at-fault party, but he can help ensure your voice is heard and take steps to hold them accountable for their actions.
If your loved one died because of someone else’s action, call our office today at 703-488-7140 to schedule a consultation.