Norfolk Wrongful Death Lawyers
Losing a loved one due to someone else’s negligence is a tragedy no family should endure. Wrongful death cases are not only emotionally devastating; they are often accompanied by overwhelming medical bills, funeral expenses, and financial hardship. In Norfolk, families affected by fatal accidents need experienced legal representation to navigate the complex legal process and pursue the compensation they deserve.
Montagna Law’s Norfolk wrongful death lawyers have decades of experience representing families after the loss of a loved one. We understand both the legal and emotional challenges of these cases and are committed to providing compassionate guidance while aggressively holding negligent parties accountable. Our goal is to ensure that your family’s needs are addressed, both now and in the future.
What Constitutes a Wrongful Death in Virginia?
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another. Common scenarios in Norfolk include:
- Motor vehicle collisions on major roadways such as I-64, I-264, Hampton Boulevard, and Military Highway
- Trucking accidents and commercial vehicle crashes
- Boating and personal watercraft accidents on the Elizabeth River and Chesapeake Bay
- Slip and fall accidents in shopping centers, grocery stores, or apartment complexes
- Workplace accidents or industrial incidents
- Medical malpractice or other professional negligence
Virginia law allows certain family members—spouses, children, and sometimes parents—to file a wrongful death claim to recover damages for their loss.
Who Can File a Wrongful Death Claim in Virginia?
Under Virginia law, the personal representative of the deceased person’s estate typically files a wrongful death claim on behalf of the surviving family members. Eligible claimants may include:
- Spouses or domestic partners
- Children, including adopted children
- Parents of the deceased (if there are no surviving spouse or children)
The claim seeks to compensate the family for losses resulting from the death, including both financial and non-financial damages.
Recoverable Damages in a Wrongful Death Case
Compensation in a wrongful death claim is designed to address the losses suffered by surviving family members. These damages may include:
- Economic damages: Medical and funeral expenses, lost income and benefits the deceased would have provided, loss of inheritance, and the cost of care or household services the deceased would have provided
- Non-economic damages: Loss of companionship, emotional support, guidance, and the enjoyment of life with the deceased
In cases involving gross negligence or recklessness, punitive damages may also be available to punish particularly egregious behavior and deter similar conduct in the future.
Leading Causes of Wrongful Death in Norfolk
Wrongful death claims in Norfolk often arise from preventable accidents, including:
- Car, motorcycle, and truck accidents caused by negligent or intoxicated drivers
- Boating accidents involving collisions, equipment failure, or unsafe operation
- Slip and fall accidents at businesses, apartment complexes, or public spaces
- Industrial or construction site accidents due to safety violations or negligent supervision
No matter the circumstances, Montagna Law thoroughly investigates the cause of each death, identifies all responsible parties, and works to maximize compensation for the family.
How Montagna Law Helps Norfolk Families After a Loss
Wrongful death cases are emotionally charged and legally complex. Insurance companies often attempt to minimize payouts, blame the victim, or delay resolution. Our attorneys handle these challenges by:
- Investigating the accident to gather evidence and establish liability
- Working with medical experts, accident reconstructionists, and financial specialists
- Documenting the full scope of damages, including long-term financial and emotional impact
- Communicating directly and compassionately with surviving family members throughout the process
We focus on achieving results while providing personal attention. You will always know who your attorney is, and you can reach out by phone, video, or in person at any time.
Frequently Asked Questions About Wrongful Death Claims
Who can file a wrongful death claim in Virginia?
The personal representative of the deceased’s estate typically files the claim on behalf of surviving family members, which may include spouses, children, and sometimes parents.
How long do I have to file a wrongful death lawsuit in Virginia?
The statute of limitations for wrongful death claims in Virginia is generally two years from the date of the decedent’s death.
Can I pursue a wrongful death claim if the responsible party was uninsured or underinsured?
Yes. Uninsured and underinsured motorist coverage, as well as other available avenues, can sometimes provide compensation when the at-fault party lacks sufficient insurance.
What damages are recoverable in a wrongful death case?
Damages typically include medical and funeral expenses, lost income, loss of companionship, emotional distress, and, in some cases, punitive damages.
Do I need a lawyer to pursue a wrongful death claim?
Yes. Wrongful death cases are complex and highly contested. An experienced attorney ensures your claim is properly filed, all damages are documented, and insurers or opposing parties cannot unfairly minimize your family’s recovery.
Speak With a Norfolk Wrongful Death Lawyer
If you have lost a loved one due to someone else’s negligence, you should not have to face the legal and financial challenges alone. Montagna Law’s Norfolk wrongful death lawyers provide compassionate guidance, clear communication, and aggressive advocacy to help your family secure the compensation you deserve.
Contact Montagna Law today to speak directly with an attorney and learn how we can help you move forward after the tragic loss of a loved one.