Portsmouth, VA Wrongful Death Lawyer
The unexpected and preventable death of a loved one due to another person’s negligence or wrongful act can deeply affect you and your family. While you focus on grieving and supporting each other, pursuing justice through legal action may feel overwhelming. Our skilled wrongful death lawyers can ease that burden by deploying our deep expertise and extensive resources to seek the accountability and compensation you deserve.
If a member of your family died due to another person’s negligence, you may be entitled to compensation from the responsible party and their insurance company. Our dedicated Portsmouth wrongful death attorneys at Cooper Hurley Injury Lawyers will work tirelessly to hold the responsible party accountable. Call (757) 333-3333 or contact us online to schedule your free consultation.
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Cooper Hurley Injury Lawyers Are Here for You
A wrongful death due to someone else’s carelessness or recklessness can have devastating financial and emotional consequences for surviving loved ones. In such a difficult time, the last thing you should have to worry about is dealing with insurance companies and going through the legal process on your own. Our Portsmouth wrongful death attorneys handle all legal aspects of our clients’ cases so they can focus on healing and moving forward.
Our award-winning legal team has earned recognition from numerous respected legal organizations and publications, including:
- Super Lawyers
- Top 100 Trial Lawyers
- Lawyers of Distinction
- Top Lawyers of Coastal Virginia
With over 120 years of combined experience, we have a proven track record of helping accident victims and their families pursue the compensation they deserve. Our expertise in negotiating with insurance companies, along with our trusted network of experts, allows us to build strong cases based on solid evidence and legal strategy.
We’ve recovered tens of millions of dollars in high-value case results for our many deserving clients, including:
- $1.5 million for the family of a van driver killed in a truck accident.
- $1 million for the family of a passenger killed by a drunk driver in Hampton Roads.
- $800,000 for the family of a woman killed in an 18-wheeler accident.
Our Portsmouth wrongful death lawyers are always ready to answer your questions. As a client-centric law firm, we will keep you informed and provide sound legal advice every step of the way if you choose us to handle your case. For more information, visit our FAQs archive.
Wrongful Death Claims We Handle
The death of a loved one due to someone else’s wrongful actions can occur in unlimited situations. Our compassionate personal injury attorneys have the skills to handle all kinds of
wrongful death cases, including those involving:
- Premises liability
- Slip and falls
- Pedestrian accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Railroad accident
Under Virginia’s wrongful death statute, you can seek compensation if your loved one could also have filed a claim for their fatal injuries had they survived. Our skilled attorneys have the resources and expertise needed to handle even the most complex wrongful death claims.
How Much Does It Cost To Hire a Wrongful Death Attorney?
We offer free consultations and take cases on a contingency basis. This means we cover the costs of investigating and litigating your claim, and you only pay us if we win. Before you decide to partner with us, we will discuss your contingency agreement in detail to ensure you fully understand the terms—as well as your full legal rights and options—at no cost to you.
Our firm is dedicated to providing compassionate, exceptional service and seeking the best results possible for our clients. We are committed to righting wrongs and never represent insurance companies.
Who Can File a Wrongful Death Claim?
In Virginia, only the deceased’s personal representative can file a wrongful death claim. The deceased may have designated a representative before their death, or a court may appoint one. Personal representatives are often a spouse or another family member, depending on the circumstances.
While only the representative may bring the claim, multiple parties may share any compensation awarded. The governing statute in Virginia prioritizes recipients of wrongful death compensation as follows:
Primary Beneficiaries
● Surviving spouse
● Children of the deceased
● Grandchildren of the deceased if their parent died
● Parents of the deceased, if they regularly received support or services from the deceased within 12 months before death
Secondary Beneficiaries
If no surviving spouse, children, or grandchildren, then to parents, siblings, and other relatives who lived with the deceased and were primarily dependent on them for support or services.
Mixed Beneficiaries
If there is a surviving spouse and parents but no children or grandchildren, the award is distributed to the spouse and the
parents.
Other Dependents
If there are primary or mixed beneficiaries, the award is also
distributed to any other relative living with the deceased and
primarily dependent on them for support or services.
No Primary or Secondary Beneficiaries
If none of the above beneficiaries exist, the award is distributed according to Virginia’s intestate succession laws.
Importantly, a parent cannot recover compensation if the state previously terminated their parental rights or if they permanently entrusted their child to a child welfare agency. Further, Virginia law defines family members as anyone related by blood, marriage, or adoption, including stepchildren.
Ask The Experts
John M. Cooper, Co-founding Partner
“When these accidents happen, a lot of times, the family is feeling so burdened by the loss of their loved one that they don’t really want to go to court or have to testify and talk about it anymore. We understand that, and we have ways to work through that with you to have as little negative impact upon you and perhaps any children that you have so that we can pursue the case against the insurance company and hopefully get a resolution that will not necessarily require you to have to go and testify in court.”
Available Compensation in Portsmouth Wrongful Death Cases
A wrongful death can have long-lasting financial and emotional impacts on families. Virginia law allows courts and juries in wrongful death lawsuits to award damages based on what they find “fair and just,” including compensatory and punitive damages. Compensatory damages cover things like:
- Emotional Impact – Compensation for the sorrow, mental anguish, and loss of the deceased’s companionship, guidance, and advice.
- Economic Loss – Compensation for the deceased’s lost income and the value of services, protection, care, and assistance they provided.
- Medical Expenses – Costs for the care, treatment, and hospitalization related to the injury leading to death.
- Funeral Expenses – Reasonable costs for the deceased’s funeral.
Punitive damages are reserved as punishment for defendants in situations involving “willful or wanton conduct” or recklessness showing a conscious disregard for the safety of others. Virginia also has a statute specifically addressing punitive damages against intoxicated drivers. Though punitive damages are awarded more rarely than compensatory damages, our Portsmouth wrongful death lawyers will pursue them aggressively where possible.
When To File a Wrongful Death Claim
Under Virginia’s wrongful death statute of limitations, you must normally file your lawsuit within two years of the date of death. A judge will likely dismiss your case if you fail to file your lawsuit on time. Though there are limited exceptions to the statute of limitations, there is no guarantee that a judge will grant an extension.
Consult our skilled and compassionate Portsmouth wrongful death attorneys as soon as possible to protect your claim. Acting quickly allows us to gather evidence before it disappears and build a strong case to show that defendant is liable for your damages.
What Are the Steps in a Wrongful Death Case?
It is important to remember that each situation is legally and factually unique, requiring case-by-case attention from an experienced wrongful death attorney. That said, basic steps in all cases include:
- Investigation – We will thoroughly investigate the circumstances of your loved one’s death, focusing on identifying who is at fault and maximizing your compensation. Under Virginia’s strict contributory negligence law, you cannot collect damages if your loved one was even slightly responsible for their death. We are prepared to aggressively push back against false allegations of fault.
- Filing Your Claim – Our attorneys will notify the responsible party of your intent to take legal action seeking compensation. We will file the necessary paperwork with the appropriate court before the statute of limitations expires.
- Settlement Negotiation – We will negotiate with the defendant and their insurers to pursue a fair settlement. Complex cases may require several rounds of negotiations. We have the expertise and resources to fight for the full and fair compensation your family deserves.
- Litigation – If a fair settlement cannot be reached, we will leverage our well-honed advocacy skills to compellingly defend your right to meaningful compensation in court.
Trust the Portsmouth Wrongful Death Attorneys at Cooper Hurley Injury Lawyers
Losing a loved one is always difficult, especially when someone else’s wrongful actions caused their otherwise preventable death. Anguished family members are often left grieving their loss while dealing with mounting medical bills and an uncertain future. Our mission is to help survivors by providing compassionate legal counsel and representation in their hour of need.
Call (757) 333-3333 or contact us online to schedule your free, no-obligation consultation with our skilled Portsmouth wrongful death lawyers. Our legal team is here to ensure you know your full legal rights and options.
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