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Wronful_Death

Compassionate Wrongful Death Attorneys Fighting For Compensation

Determined legal assistance for grieving families in Virginia Beach

The sudden loss of a loved one is devastating. But it’s all the more painful when the death was a tragic accident that reasonable care would have prevented. The Stallings Law Group, P.C. provides compassionate legal assistance to surviving family members. We understand that no amount of money could ever replace your loved one, but we also know that justice requires that responsible parties be held accountable. Since 1979, our firm has built a reputation for ethics and professionalism. Let us use our experience and resources to work for you.

What factors determine whether a death is a “wrongful”?

The elements necessary for a wrongful death claim are the same as those for a personal injury lawsuit. If the victim died in an auto accident, for example, it must be the type of accident that would have allowed for a personal injury claim if the victim had survived. Plaintiffs must prove that someone with a duty to act with care breached that duty by acting negligently, recklessly or deliberately to cause the death of the decedent.

Who can recover damages in a wrongful death case?

Only persons mentioned in Virginia’s wrongful death statute may recover damages. These include:

  • The surviving spouse
  • Children of the deceased
  • Children of any deceased child of the deceased
  • Parents
  • Brothers and sisters of the deceased
  • Members of the household who are relatives primarily dependent on the decedent for support

Certain claimants get priority over others, and the existence of high-priority claimants may make lower-priority claimants ineligible. All claims must be joined in a single action and eligible claimants share in one award in order of priority. According to the Virginia wrongful death statute, the damages that plaintiffs may recover include:

  • Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent
  • Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent
  • Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death
  • Reasonable funeral expenses

To fully understand your right to sue and what you might recover, speak to a knowledgeable wrongful death attorney.

Contact our wrongful death attorneys in the Hampton Roads area

If you’ve lost a loved one in an accident in Virginia Beach or other areas of Hampton Roads, VA, The Stallings Law Group, P.C. can help you seek justice. We have the experience necessary to hold wrongdoers accountable. Call us today at 757-325-9128 or contact our office online to schedule your free consultation.