Did you recently lose a loved one in a fatal car accident? If so, you could qualify for wrongful death damages. A Dumfries, VA fatal car accident lawyer from the Parrish Law Firm, PLLC, can determine your case eligibility.
How a Lawyer for Fatal Car Accident Victims Can Help
Fatal car accidents are particularly challenging. These cases leave families without their siblings, parents, or children. In the aftermath, you may struggle to keep up with medical and funeral expenses. Adding the details of a legal case on top of these challenges can increase your stress twofold.
By providing you with legal services, we can take some of the weight off your shoulders. Hiring a lawyer is about receiving compensation, but it is also about peace of mind. You deserve to grieve and spend time with your family. This is how a fatal car accident attorney can support you:
Some fatal accidents involve insurance claims. Ideally, these negotiations would go smoothly. You would inform the insurer of the deadly car accident, and they would provide you with fair compensation. However, insurers do not always cooperate. They may:
- Offer you less than you deserve
- Suggest that your loved one was partially at fault
- Outright dispute your claim
Jim Parrish, our lead attorney, used to work as a legal representative for insurance companies. He understands how these companies “tick” and is familiar with the tactics they use during car accident cases. He can apply this information from inside the insurance industry to your case. This way, you will not need to waste time haggling with insurers. We will keep the best interests of your family in mind as we negotiate for the best settlement possible.
Building Your Case
Fatal car accident cases revolve around two factors, evidence and fault. These factors are linked — you cannot establish liability without gathering evidence. We can handle this part of your case by gathering and reviewing the following:
- Police reports
- Medical records
- Eyewitness statements
- Traffic camera footage
- Cell phone footage
- Input from crash reconstruction specialists
To receive compensation, you must show that another party’s negligent actions caused the passing of your loved one. This part of the process involves proving four points, known as the elements of negligence, which are:
- That the at-fault party owed your loved one a duty of care: All drivers have a responsibility to keep others from harm, meaning this point is typically a given in fatal car accident cases.
- The at-fault party did not uphold this duty:Negligent behavior breaches the duty of care and can expose an at-fault party to liability. In a car accident case, this can include speeding, drunk driving, or distracted driving.
- This negligent behavior caused a fatal car accident: You or your lawyer must forward an argument that the at-fault party’s negligent behavior caused the fatal car accident.
- You and your family suffered damages: Like the duty of care, damages are usually obvious in a fatal car accident case. This is because your damages will all be connected to the loss of your loved one.
We are familiar with this process and have applied it to many car accident cases. If the at-fault party disputes negligence, we are prepared to fight. We can build a case on your behalf and aggressively pursue fair compensation.
Recoverable Damages in Fatal Car Accidents
Damages are a core component of fatal car accident cases. They detail the types of losses you can receive compensation for under Virginia law, which include:
- Funeral expenses
- Sorrow and mental anguish
- Loss of solace, kindness, and companionship
- Medical expenses incurred before the passing of your loved one
- Lowered family earning capacity
We can advise you on which damages apply to your case. Similarly, we can determine your case eligibility. For example, wrongful death cases in Dumfries, Virginia, are limited to select family members – your eligibility depends on your relationship with the deceased person.
Who Can Pursue a Wrongful Death Case?
Under Virginia law, these are the parties that can receive compensation in a wrongful death case:
- Surviving children or grandchildren
- A surviving spouse
- Surviving siblings
- Surviving parents
- Another family member who was dependent on the deceased
Dumfries Fatal Accident Lawyer Near Me 571-229-1800
Can I Afford a Wrongful Death Lawyer?
Often, when lawyers are discussed, hefty legal fees are mentioned. This is correct in many areas of law, and lawyers require considerable upfront fees. However, in wrongful death cases, we rely on contingency fees, which means that:
- You do not need to pay us any upfront fees or retainers
- We only get paid if you receive compensation
This approach to legal fees puts our clients first. According to the National Security Council, fatal car accidents cost $1,750,000. We are committed to not worsening your financial worries. You have the right to legal representation, and upfront legal costs should not bar you from taking advantage of this right.
Who Can Be Held Liable in Fatal Car Accident Claims?
Every fatal car accident is unique. Some involve individual drivers, whereas others are caused by commercial vehicles. Some of the parties that could be responsible for your loss are:
- An individual driver
- A commercial vehicle driver
- A business
- A municipality
- A vehicle or parts manufacturer
Sometimes it is obvious who caused your fatal car accident. However, some cases are murkier. We can apply the elements of negligence to your case to determine who is responsible. This could give you a fair chance to pursue compensation.
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Fatal Car Accident Lawsuits Have a Deadline
Many fatal car accidents can be settled through insurance settlements. However, some cases require filing a lawsuit and pursuing legal action. If you believe you need to file a lawsuit, you must pay attention to Virginia’s wrongful death statute of limitations.
This law provides you with a two-year deadline, per Va. Code § 8.01-244. If you miss it, you will probably lose your right to compensation. A lawyer from our firm can ensure that you stay on top of your deadlines. In addition, we will track relevant documentation and make sure that your case stays on track.
Let a Dumfries Fatal Car Accident Attorney Get Started on Your Case Today
Our legal team is here to support the residents of Dumfries , Virginia. We know you may be frustrated and grieving, so let us handle your legal case. Haggling with insurers or filing a lawsuit should not get in the way of you spending time with your family. Contact a Dumfries, VA fatal car accident lawyer from the Parrish Law Firm, PLLC, for a free claim evaluation today.