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.

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.

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.

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.

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.

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.