Experienced Wrongful Death Attorneys in Virginia

Losing a loved one can be devastating, especially if their death was caused by someone else’s negligence. If you lost someone you love due to the negligence of another individual, you may be able to take legal action under Virginia’s wrongful death laws.

The attorneys at Montagna Law are here to help you pursue justice while navigating this difficult time. We know this may be the worst time in your life. Let us take the burden of helping you recover damages from this wrongful death. Contact us to obtain your free case evaluation and discuss your legal rights.

Consult With Montagna Law as Your Virginia Wrongful Death Attorney

Clients often choose Montagna Law because of our reputation for putting their needs first. Our compassionate legal team understands the difficulties of facing the legal process while grieving. The attorney-client relationship is essential to us, and we will work tirelessly on your behalf.

The wrongful death attorneys at Montagna Law are highly versed in Virginia laws and have a strong track record in pursuing justice for accident and wrongful death victims. We know how to gather the necessary evidence in accident cases and how to present a case. You will never feel alone when you work with our law firm. You will have access to us, and we will keep in contact with you.

Our Recent Client Testimonials

“Mr. John Montagna law firm is absolutely awesome. His team is so compassionate, and straight forward. If you have any questions or concerns they do respond and get back to you in a timely manner. If anyone needs a team that doesn’t mind pulling up there sleeve and getting in the ring well montagna law firm is the right one for you.” — Sharonda W.

“Montana Law firm has restored my trust in lawyers. Each time I entered the office, I was greeted pleasantly with a smile and hello. It makes you return a smile. Mr Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacquelyn W.

Why Our Clients Trust Montagna Law

• $30 million+ recovered in personal injury compensation
• Over +115 5-star reviews from satisfied clients
• A+ BBB rating
• 50+ years of experience fighting for Virginians’ right to compensation
• Three total Virginia offices located in Norfolk, Newport News, and Virginia Beach

What is the Legal Definition of Wrongful Death?

Wrongful death occurs when someone’s reckless or negligent actions directly cause another person’s death. Our personal injury lawyers can help you determine if your family member’s death was a wrongful death. If the recklessness, negligence, or other mistakes of another person were directly the cause of the victim’s death, we encourage you to seek legal action with our team immediately.

Who Can File a Wrongful Death Claim in Virginia?

Under Virginia law, several people have the right to seek legal action against the at-fault party. Typically, this follows the following order:

• Executor of the estate: In Virginia, the personal representative of the decedent’s estate must file the wrongful death claim. If no executor is named in the will, the court will appoint one.
• Spouse: The surviving spouse is typically the executor of the estate, but if they don’t have a will, the spouse will likely be allowed to make a wrongful death claim.
• Children: A child can act in the role of a representative if there is no spouse to file the wrongful death claim
• Parent: A parent will likely be the representative for any minor who dies or someone without a spouse or children.
• Other relationships: The court allows many different relatives to assume the role of representing the estate, including:
  • Siblings
  • Grandparents
  • In-laws
  • Step-parents
  • Other dependents of the decedent

If you are unsure if your family member has a party named as a representative to fight against the at-fault people or company responsible for their death, reach out to our legal team. We can provide legal advice and support as you pursue opportunities to take legal action.

Main Causes of Wrongful Death Cases

Not all fatalities are wrongful deaths. To establish wrongful death, a party must demonstrate that the other party owed your family member a duty of care, they breached that duty, that breach caused the incident, and your family member died as a result. Some examples of wrongful death may include the following:

• Motorcycle accidents: Another vehicle runs a red light, slamming into the motorcycle rider who has the right of way.
• Medical malpractice: A hospital fails to properly diagnose a stroke or heart attack in a timely manner.
• Premises liability: A child falls into a pool and drowns because there was no fence, warning, or protective device to mitigate this attractive nuisance.

Wrongful death may also occur due to:

• Car accidents
• Truck accidents
• Pedestrian accidents
• Nursing home abuse

If you are unsure if your family member’s situation qualifies, seek the help of our experienced wrongful death attorney for immediate guidance.

What to Do After a Wrongful Death Occurs

Surviving family members may have no idea if the deceased person died as a result of the negligence of others. Knowing what to do is critical if you suspect this may be the case.

• Contact an attorney: Avoid speaking to anyone you believe is at fault. That may trigger them to eliminate evidence. Instead, call our wrongful death attorneys in Virginia for immediate help.
• Gather information: Do not try to investigate this incident yourself. Instead, collect all relevant data, like the date, time, photos, videos, or other evidence.
• Allow your attorney to investigate: It is essential for your attorney to conduct a thorough investigation of the negligent party. The results will help create a clear outline of the breach of duty of care and establish causation.

Your attorney will help you navigate the next steps. That includes determining if you are the party that has the legal right to file a wrongful death lawsuit. If you’re a personal representative or an immediate family member (statutory beneficiary), like a spouse, child, or parent of the deceased, this may apply. Beneficiaries of a will may also be applicable.

Your attorney will help you pursue legal action if you qualify based on the wrongful act. This assistance will also involve navigating probate and any relevant wills about your wrongful death case.

Negligence in Virginia Wrongful Death Claims

Proving a wrongful death claim, like any injury claim, requires presenting evidence and details about the fault of the other party and the resulting losses. Connecting the breach of duty of care with the cause of the accident and loss of life takes some careful consideration.

Your attorney will handle creating a comprehensive claim that gathers all the available evidence to support your statements. We advise you to let your lawyer investigate and gather evidence in this case. Some examples of the data that may help include:

• Medical records
• Recordings or documentation of the incident
• Witness statements
• Expert witness testimony
• Accident reconstruction reports

You must establish the preponderance of evidence in wrongful death cases. That is different than “beyond a reasonable doubt.” The burden of proof is lower in this case than in a criminal case. If the at-fault party faced criminal charges and won their case, they may still be liable under civil law.

What Do Wrongful Death Expenses Cover in Virginia?

The loss of a family member’s life is more than a difficult time. It is a situation in which you may have no real idea how to move forward. No amount of money makes your life easier, but verdicts from a judge and court can help you to get justice.

Various types of compensation may be awarded by the insurance company or the at-fault party, depending on the specifics of your case. Some examples include:

• Medical expenses: If the injuries your loved one suffered resulted in them going to the hospital, the expenses before their death can be recovered in a wrongful death case. Medical bills for any care provided before death may apply.
• Funeral expenses: The unexpected costs related to funeral expenses and burial costs may be a component of these claims
• Loss of companionship/consortium: By losing your loved one, you are losing your companion, and you can be compensated for it. Compensation for loss of companionship is a common component of these claims on behalf of dependents.
• Loss of income: You are losing not only a loved one but are possibly losing your family’s income as well. Such an event can create financial strain in your life.
• Punitive damages: Depending on what happened to cause your loved one’s death, punitive damages may be ordered as well. In situations where wanton conduct, heinous injuries, or other reckless behavior is proven, the court may award punitive damages.
• Pain and suffering: This may include losses related to mental anguish as well as the pain and suffering your family member endured before their death.

Statute of Limitations for Virginia Wrongful Death Cases

The statute of limitations in Virginia for wrongful death is two years. This means that the victim’s family or executor has two years from the date of death to take legal action by filing a lawsuit. It’s important to note that this two-year period begins from the date of death, not from the date of the accident.

Wrongful Death is a Tragedy No One Should Have to Deal With Alone. Let Montagna Law Help

At Montagna Law, our wrongful death attorneys in Virginia bring the fight to your loved one’s case. Contact us at 757-622-8100 or fill out our contact form now for a free consultation. There is no harm in asking us questions to determine if someone should be held responsible for your loved one’s loss.