Wrongful Death

The sudden and unexpected death of a loved one is a numbing and emotionally crippling event. Even if a death occurs after a prolonged illness, the emotional toll is great. The worst loss imaginable – the loss of a child – turns a family’s life upside down, mostly because we are not supposed to outlive our children. Those who lose a family member who was providing financial support find out how dependent they were. A family is forever changed by the loss of one of its members.

In Virginia, wrongful death cases are creatures of statute. Therefore, the estate of the person who dies because of another’s negligence is not allowed to recover for the decedent’s pain and suffering prior to his or her death. Instead, Virginia law compensates the family of the victim for its emotional loss – the solace damages – as well as any medical expenses occasioned by the injury resulting in death, reasonable funeral expenses, lost income to those dependent on the decedent, and punitive damages if the negligence that occurred in the death was willful or wanton.

Some Examples of Wrongful Death

Some Examples of Wrongful Death

Tractor Trailers

Nationwide, about 5000 people are killed every year in large truck accidents, and more than 130,000 are injured. In many of these cases, the tremendous size and weight of 18-wheel tractor trailers frequently cause deaths due to negligently or poorly trained drivers and/or faulty equipment on the truck.

Drunk Driving

In 2004, over 16,000 people were killed in alcohol related crashes. With the common knowledge that drinking and driving kills, there is no excuse for anyone to drink and drive. Virginia law allows victims of drunk drivers to recover punitive damages in order to deter others in the community from making the same mistake and to punish the wrongdoer. Drunk driving is irresponsible and reckless.

Medical Malpractice

Physicians, nurses and pharmacists all have jobs where a mistake may cost a life. Cases involving pharmacists that have incorrectly filled prescriptions for patients, and doctors whose decisions cost a family member his or her life should be investigated and evaluated if the circumstances permit. Most health care providers are careful and competent, and they avoid mistakes. However, with the advent of managed care and the pressures placed on the marketplace by health insurance executives, not all mistakes can be avoided.

Traumatic Brain Injury (TBI)

Motorcycle accidents, gunshot wounds, falls and car crashes can all cause traumatic brain injuries resulting in comas and death. If such a situation was caused by the negligent or careless actions of another person, a wrongful death case may be warranted. Our brains are protected by our skulls, but not all brains can survive the most extreme forces exerted in a fatal accident.

A death due to the negligence of someone else is the worst thing that can happen to a family, but to the insurance companies and their lawyers, it’s just another case. As soon as they get presented with any sort of claim, their first reaction is to consider the best way to settle for as little money as possible.

Insurers don’t consider lost wages or a loss of emotional support in any of their settlements, and they have a tendency to make offers as quickly as possible, before the family of the victim has a chance to realize just what this loss will cost them long-term. Having an attorney who will both help you deal with insurance companies and take the time to understand what your loss was worth is crucial to the future security of you and your family. It’s the difference between waiting years for a settlement that will leave you in the lurch, or waiting months for a settlement that could help safely establish the security of your family.

Barbara S. Williams is a personal injury attorney who understands exactly what a sudden and wrongful death can do to a family. She has a distinguished history of aggressively representing the legal interests of Virginians who have suffered from the negligent actions of others, and can assist families in seeking adequate compensation for their losses.

Barbara Williams, P.C.: Shielding the Injured from the Injustice of Insurance Companies In:

Sterling, Herndon, Ashburn, Cascades, Countryside, Front Royal, Winchester, Berryville, Frederick County, Luray, Page County, Clarke County, Shenandoah County, Warren County

Library for Wrongful Death:

  • Injuries Sustained From Drunk Drivers   
    Description: Drunk drivers that cause accidents deserve a lot more that just points on their licenses or a few days in jail. A drunk driver that causes a serious injury or death should be held responsible for financial losses that their victims suffer. Barbara S. Williams is an experienced attorney that has built her career on helping the injured receive fair and just compensation.
  • The Loss of the Next Generation [PDF]   
    Description: Wrongful death case of a child.

Frequent Questions for Wrongful Death:

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