Newport News Wrongful Death Lawyer 

Helping Families in Newport News After Tragedy

The loss of a family member is one of the most difficult experiences a person can go through. When a family member dies due to the negligent or wrongful actions of another person or organization, the pain and grief can be overwhelming.

At Kalfus & Nachman PC, we understand the pain and suffering you are experiencing. Our Newport News wrongful death lawyer can help you seek justice and the compensation you deserve. We are compassionate and caring, yet tenacious and aggressive in our pursuit of the best possible outcome for your case.

Call (855) 880-8163 or contact us online to schedule a free consultation with our wrongful death lawyer in Newport News, VA.

What is Considered a "Wrongful Death?"

A wrongful death is any death that occurs due to the negligent or wrongful actions of another person or organization. Wrongful deaths can result from intentional or unintentional actions. Understanding the specifics of negligence is crucial, as it involves proving that the defendant failed to meet a standard of care that directly led to the loss of life. This may include situations involving car accidents, medical malpractice, or faulty products. Each case requires a thorough investigation to build a strong foundation for the claim.

The burden of proof in a wrongful death case rests with the plaintiff (the person bringing the lawsuit). This means that the plaintiff must provide sufficient evidence to demonstrate that the defendant's actions were the direct cause of the deceased person's death and that the defendant's conduct was negligent, reckless, or intentionally harmful.

In Virginia, a wrongful death lawsuit can be filed by the personal representative (executor or administrator) of the deceased person's estate. The damages awarded in the lawsuit are meant to benefit the surviving family members or beneficiaries of the deceased person. Victims’ families may receive compensation not only for immediate costs, like medical bills and funeral expenses, but also for longer-term impacts, such as emotional suffering and financial support loss.

Remember, Virginia follows a doctrine known as "contributory negligence." This means that if the deceased person is found to have contributed in any way to their own death, even if only slightly, the plaintiff's wrongful death claim might be barred. This can make wrongful death cases more complex, as even a small amount of negligence on the part of the deceased person can affect the outcome.

Wrongful death lawsuits must generally be filed within two years from the date of the person's death. Failing to file within this time frame could result in the lawsuit being dismissed. This time constraint is known as the statute of limitations, and adhering to it is crucial in ensuring that justice is pursued. A delayed filing might lead to loss of evidence or credibility, hence it is pivotal to act swiftly when contemplating legal action.

What is a Survival Action?

In addition to a wrongful death claim, Virginia law also allows for a "survival action." This type of action allows the deceased person's estate to pursue a claim for damages that the deceased person would have been entitled to if they had survived the incident, such as medical expenses and pain and suffering endured before death. 

Survival actions serve the additional purpose of bringing to light any negligence or wrongdoing that occurred in the moments leading up to the death. This can help clarify culpability and strengthen the case for wrongful death by providing comprehensive evidence of the sequence of events that transpired.

Recovering Damages in a Wrongful Death Claim

The loss of a loved one is an unimaginable tragedy that can cause severe emotional distress, grief, and suffering. When a loved one dies due to the negligent or wrongful actions of another person or organization, the pain and grief can be overwhelming. Our wrongful death attorneys can help you seek justice and the compensation you deserve. We are compassionate and caring, yet tenacious and aggressive in our pursuit of the best possible outcome for your case.

We can help you recover compensation for:

We will work to prove that the person or organization responsible for your loved one's death was negligent or acted with wrongful intentions. In some cases, proving negligence can be difficult. In others, proving wrongful intent can be the key to success. Our dedicated team meticulously examines all aspects of your case, collaborating with experts from various fields to gather compelling evidence. This multi-faceted approach not only enhances the strength of your claim but also ensures that all potential avenues for compensation are explored. By leveraging our legal acumen, we aim to hold those at fault accountable and provide solace through deserved recompense.

Common Causes of Wrongful Death in Newport News

In Newport News, wrongful death can unfortunately arise from various situations, each requiring its own unique approach to resolution. Common causes include vehicular accidents, medical malpractice, and workplace incidents. Local highways such as Interstate 64 are often sites of tragic accidents due to heavy traffic and congestion. In healthcare, errors can occur in hospitals and clinics, leading to fatal outcomes. Additionally, workplace accidents, particularly in Newport News' robust shipbuilding and manufacturing sectors, can result in wrongful death if safety protocols are not strictly followed.

To address these tragedies, our firm rigorously investigates each situation, identifying how negligence has contributed to the loss. Our aim is to ensure entities are held accountable and systemic issues that led to wrongful deaths are addressed. This dedication not only supports affected families but also promotes improved safety standards across Newport News communities. By understanding the specific risks prevalent in the area, we tailor our legal strategies to effectively pursue justice for our clients, thereby ensuring that similar incidents are less likely to occur in the future.

Frequently Asked Questions About Wrongful Death Claims

How Do I Know If I Have a Wrongful Death Claim in Newport News?

Determining if you have a valid wrongful death claim often involves an assessment of the circumstances surrounding the death. If the death resulted from the negligence or wrongful actions of another party, it is likely that you have grounds to file a claim. Our team will carefully evaluate factors such as evidence of negligence, potential defendants, and the capacity of the deceased's estate to ensure a comprehensive understanding of your situation. A consultation with our wrongful death attorney in Newport News is crucial for an accurate assessment, providing clarity on whether pursuing a claim is viable and beneficial for your family.

Who Is Eligible to File a Wrongful Death Claim in Virginia?

In Virginia, wrongful death claims must be filed by the personal representative (executor or administrator) of the deceased's estate. This individual is responsible for pursuing the claim on behalf of the deceased's surviving family members. Generally, beneficiaries may include the spouse, children, or parents of the deceased, and in certain cases, distant relatives may also be considered. It's important to work closely with a legal professional to navigate eligibility and ensure the claim is filed correctly and within the appropriate time frame. This ensures that eligible family members can receive the support and justice they deserve.

What Is the Typical Duration of a Wrongful Death Lawsuit?

The duration of a wrongful death lawsuit can vary significantly based on the complexity of the case and the legal strategies employed. Typical cases may take anywhere from several months to a few years to resolve. Factors influencing the timeline include the availability of evidence, the need for expert testimonies, court schedules, and the potential for settlement negotiations. Our dedicated legal team in Newport News ensures that every step is managed with diligence and efficiency, keeping you informed throughout the process. While the journey may be long, our focus remains on securing an outcome that honors your loved one.

Can a Wrongful Death Lawsuit Go to Trial?

Yes, a wrongful death lawsuit can proceed to trial if the parties involved cannot reach a settlement agreement. A trial may be necessary to achieve justice when disputes over liability or settlement occur. At Kalfus & Nachman PC, we prepare each claim meticulously, anticipating the need for court proceedings and ensuring we are equipped to present a compelling case should it go to trial. While many cases are resolved via settlements, our commitment to seeking justice and our strategic litigation capabilities mean we advocate fiercely for your family's interests, both in negotiations and in the courtroom.

The Legal Process & Your Rights with a Wrongful Death Attorney in Newport News

Understanding your legal rights and the processes involved in a wrongful death claim can seem overwhelming. However, it's essential for protecting your family's future. In Newport News, the legal process begins with filing a claim by the deceased's estate representative. This involves gathering comprehensive evidence and testimonies to establish accountability and damages. At Kalfus & Nachman PC, we support you through every step, from investigation to negotiation or litigation. We stand firm in our commitment to resolve your claim in a manner that alleviates your legal burdens, allowing you to focus on healing while we handle the complexities of your claim patiently and professionally.

Throughout the process, our Newport News wrongful death attorneys maintain open communication, ensuring that you are informed and empowered. We work diligently to manage the intricacies of wrongful death cases, from understanding liability to exploring settlement options, and are prepared to take the necessary legal actions to seek just compensation. This includes representing you in court if needed, demonstrating our relentless dedication to achieving a fair resolution for the tragic loss you have endured. Our team's extensive knowledge of Virginia's wrongful death laws enables us to navigate the legal landscape effectively on your behalf.

Contact us today at (855) 880-8163 to let our firm help you and your family hold the at-fault party accountable during this difficult time.