Wrongful Death

Experienced Staunton Wrongful Death Attorneys Ready to Help

Understanding Wrongful Death: Key Insights

When an individual’s negligent actions result in a death, the at-fault person needs to be held accountable. At Tucker Griffin Barnes, our team of experienced Staunton wrongful death lawyers fight tirelessly to obtain justice and fair recoveries on behalf of the surviving loved ones of those wrongfully killed. Since 1990, we have represented grieving families with compassionate, caring service, while aggressively fighting for justice and compensation on their behalf.

Contact us online or by phone at (540) 328-2808 for a free initial consultation with our seasoned Staunton wrongful death lawyers to learn more about your legal rights and options or click here to read our reviews.

Common Causes of Wrongful Death: What You Should Know

The most common causes of wrongful death are:

Car Accidents
Medical Malpractice
Truck Accidents
Catastrophic Accidents
Motorcycle Accidents
Accidents at Work
Defective Products
Pedestrian Accidents

How to File a Wrongful Death Lawsuit in Virginia

In Virginia, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. They may file a civil lawsuit against the at-fault party, who may be ordered to pay damages to the estate of the deceased, and/or surviving family members.

If there is no will, an administrator may be named by filing an application with the Clerk of Circuit Court in the city or the county where the deceased person lived.

There is an exception in situations where a fetus dies due to the wrongful act or neglect of another party. In this case, the mother may file a wrongful death case.

What Compensation Is Available in a Wrongful Death Case?

Damages in wrongful death cases can range from costs for medical care required prior to your loved one’s death to compensation for loss of expected income and other economic and non-economic damages.

Our Staunton wrongful death attorneys can explain the law as it pertains to your situation, as well as the compensation you may be entitled to receive.

We help grieving families recover compensation for:

Medical bills
Funeral expenses
Lost wages and future income
Loss of expected inheritance
Emotional distress
Loss of support
Loss of companionship/love

What Is the Statute of Limitations on Wrongful Death in Virginia?

Although grief has no end date, there is a time limit for filing a wrongful death claim. The statute of limitations in Virginia is generally two years from the date of death, so don’t wait to speak to one of our personal injury lawyers about your situation.

Get in touch with Staunton truck accident attorneys backed by years of experienced. Call (540) 328-2808 or reach out online.

How is Liability Determined?

Liability in wrongful death situations is established by examining whether the defendant, the party at fault, violated a legal duty of care due to the deceased person. This duty of care often comprises a responsibility to act prudently and securely to ensure the safety and welfare of others.

During the court procedures, liability is established based on the presentation of evidence, witness testimony, expert opinions, and legal arguments. The defendant may be found accountable for the wrongful death if the plaintiff can effectively demonstrate these conditions.

In some situations, liability may be shared among multiple parties if their actions collectively contributed to the wrongful death.

What Do I Need to Prove in a Wrongful Death Case?

You, the plaintiff, must prove that the defendant violated their duty of care through negligent or wrongful conduct. For instance, in a car accident case, if the defendant drove recklessly or violated traffic laws, they may be considered negligent.

You must show that the breach of duty directly caused your loved one's death. That is, even if other elements were present, the other party's acts or negligence contributed to the death.

Choose a knowledgeable truck accident lawyer in Staunton. Contact us or dial (540) 328-2808.

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Contact Our Skillful, Caring Lawyers for a Free Consultation

The spouses, children, and other family members left behind must grieve their loss while simultaneously worrying about the future, especially when the deceased supported the family financially.

Our Staunton wrongful death attorneys have an in-depth knowledge of the law and a strong focus on client service. We listen to your concerns, inform you of your options, and provide frequent case updates as we guide you through the legal process.

Please call (540) 328-2808 or contact us online to speak with a qualified Staunton wrongful death attorney at Tucker Griffin Barnes about your case.

Hear What Our Clients Say

“I would definitely recommend Christopher Bibb to anyone!”
I would definitely recommend Christopher Bibb to anyone! He is very friendly and professional. He answers emails and calls within the same day. My family law case was a little unique and threw a curve ball towards the end. But he was ready for the challenge.

- Felecia T.
“Courteous, professional, & provides timely updates & is very accessible.”
I would absolutely recommend Christopher Bibb to everyone! He recently represented me in a family law matter, and I was HIGHLY impressed! He is courteous, and professional, provides timely updates, and is very accessible. He always took time to address any questions/ concerns I had along the way. I truly appreciated his attention to detail and the fact that he was always prepared for anything. I cannot thank him enough!

- Jennifer M.
“They took care of literally EVERY stressful problem/question/concern I had & made it that much easier on me!”
I was in a motorcycle accident the day before Father’s Day in 2023 and the outcome would have been over a million dollar case but because of some circumstances, I was facing debt well over $500,000 and I would have been forced to file bankruptcy! Matthew Westmoreland got it to where ALL of my medical bills were covered at UVA AND worked his magic and somehow made it so that I actually got a settlement check (no matter how big or little the check was), I HIGHLY recommend Matthew Westmoreland 1,000 times over!!! And he took care of literally EVERY stressful problem/question/concern I had and made it that much easier on me! Thank you Matthew Westmoreland for EVERYTHING!

- Mandi L.
“Highly Recommended!”
I highly recommend Yvonne Griffin and her staff. Not only did they get me a great settlement and they also got my medical liens reduced, which meant more money for my family.

- Personal Injury Client
“Yvonne Griffin was a compassionate person & hands-on!”
Yvonne Griffin represented me in a car accident that required many months of hands-on attention. She was a compassionate person always taking into consideration my limited ability from my brain injury, but not making me feel inferior. I highly recommend Yvonne. She is a true professional.

- Personal Injury Client
“Worked hard to help me & I’m very grateful!”
Thank you for taking my ‘small’ case. I know you all worked hard to help me and I’m very grateful for all you did for me.

- Personal Injury Client
“Yvonne Griffin is a fearless trial attorney!”
Yvonne Griffin is a fearless trial attorney with significant courtroom experience.

- Personal Injury Client
“Yvonne Griffin is an extremely smart lawyer!”
Yvonne Griffin is an extremely smart lawyer. Her years of experience were on prime display as she worked through every difficult problem with my car accident case. I couldn’t have asked for a better lawyer.

- Personal Injury Client

All Testimonials

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