Wrongful Death
If you’ve lost a loved one due to someone else’s negligence, contact a wrongful death attorney at Breit Biniazan, our personal injury attorneys in Arlington are here to support your family in the pursuit of justice.
When a crane operation error in a paper manufacturing plant led to the tragic death of a worker, Breit Biniazan fought tirelessly to secure justice for the grieving family, ultimately achieving a $4.7 million settlement on their behalf. We understand that no amount of compensation can replace a cherished life, but holding the responsible parties accountable can provide financial relief and a sense of closure.
Wrongful death claims are a type of lawsuit filed when someone dies due to the defendant’s negligence, gross negligence, or intentional act. These claims allow surviving family members to seek compensation for the damages they have suffered as a result of their loved one’s death.
Whether the death resulted from a car accident, medical malpractice, or a workplace incident, wrongful death claims serve as a legal avenue for families to hold the responsible parties accountable. By pursuing these claims, families can obtain financial relief for medical expenses, funeral and burial costs, lost income, and emotional suffering, helping them navigate the difficult aftermath of their loss.
Wrongful death is a legal term that refers to a situation where an individual’s death is caused by the negligent, reckless, or intentional actions of another party. This can include a wide range of circumstances, such as motor vehicle accidents, medical malpractice, workplace accidents, and more.
For instance, if a driver’s reckless behavior leads to a fatal car crash, or if a healthcare provider’s negligence results in a patient’s death, these scenarios can be grounds for a wrongful death claim. Understanding the definition of wrongful death is crucial for families seeking justice and compensation for their tragic loss.
Seeking justice for loved ones who have died due to someone else’s negligence or malice is crucial for families. Not only can it provide financial compensation for the damages they have suffered, but it can also help to hold responsible parties accountable for their actions.
This can be an important step in the healing process for families who have lost a loved one. Financial compensation can cover medical expenses, funeral and burial costs, and lost income, providing much-needed support during a challenging time. Moreover, pursuing justice can bring a sense of closure and ensure that similar incidents are less likely to happen to others.
At Breit Biniazan, we understand the profound loss that accompanies a wrongful death. Our dedication to justice has led us to secure significant compensation for families whose loved ones were tragically taken due to negligence or misconduct. Here are some of the outcomes we’ve achieved for clients in wrongful death cases:
Each of these cases represents a life lost too soon. We fight for families to honor their loved ones and ensure those responsible are held accountable. If you’ve lost a loved one due to someone else’s actions, we’re here to help you pursue justice. Our dedicated wrongful death lawyers understand the complexities of the legal system and are committed to guiding you through this difficult time.
Wrongful death cases can encompass a wide range of circumstances, each requiring a thorough investigation to determine liability. Some common types of wrongful death cases include:
Wrongful deaths remain a significant public health concern in the United States, often leaving families reeling from unexpected and preventable losses. According to the CDC’s National Vital Statistics System, unintentional injury ranks as the third leading cause of death in the U.S., accounting for 227,039 deaths in 2022 alone, equating to a rate of 68.1 deaths per 100,000 people. These incidents span various causes, each devastating in its own right:
Falls resulted in 44,630 deaths in 2022, with a rate of 14.0 deaths per 100,000 people. Often affecting older adults, these accidents highlight safety issues that can lead to tragic outcomes.
Road accidents claimed 44,534 lives in 2022, translating to 13.4 deaths per 100,000 people. Negligent driving, impaired driving, and poor road conditions contribute to these alarming figures.
Poisoning, largely driven by the opioid crisis and accidental overdoses, caused 102,958 deaths in 2022, at a rate of 30.9 deaths per 100,000 people.
Beyond accidental injuries, medical malpractice has also emerged as a prominent cause of preventable deaths. A recent study by Johns Hopkins suggests that over 250,000 Americans lose their lives annually due to medical errors, underscoring the critical need for accountability in healthcare settings.
Analysis of Fatal Occupational Injuries (2018-2022)
From 2018 to 2022, fatal occupational injuries affected various industries, with transportation and material moving occupations consistently facing the highest fatalities each year. Here are key insights:
Transportation and Material Moving Occupations This category experienced the most fatalities, with 1,620 deaths in 2022 alone, an increase from previous years. The subgroup “motor vehicle operators,” which includes truck drivers and delivery drivers, had the highest number of deaths within this category, reaching 1,198 fatalities in 2022. The high number of motor vehicle operator deaths underscores the risks associated with road-based occupations.
Construction and Extraction Occupations Fatalities among construction and extraction workers were also notably high. In 2022, there were 1,056 deaths in this category, which includes 811 fatalities among construction trades workers. This trend reflects the inherent dangers in construction environments, such as exposure to heavy machinery, hazardous materials, and high elevations.
Building and Grounds Cleaning and Maintenance Occupations This occupation consistently saw high fatality rates, with 352 deaths in 2022. Within this category, grounds maintenance workers accounted for 222 fatalities. Hazards in this field include falls, exposure to extreme weather, and equipment-related accidents.
Protective Service Occupations These roles, encompassing law enforcement and firefighting, reported 335 fatalities in 2022, up from 270 in 2018. Law enforcement occupations specifically showed significant risks, although detailed data on yearly figures was limited for recent years.
Farming, Fishing, and Forestry Occupations This category reported 223 deaths in 2022, with agricultural workers accounting for 146 of these fatalities. Risks include exposure to heavy machinery, dangerous chemicals, and unpredictable animal behaviors, especially on farms.
This data highlights that jobs involving significant physical risk, machinery, and transportation account for the highest number of workplace deaths. It underscores the need for enhanced safety regulations and support for workers in these high-risk occupations.
Slip and fall accidents are a common type of wrongful death case. These accidents can occur when a person slips or falls on a surface that is slippery, uneven, or otherwise hazardous. In some cases, these accidents can be fatal, and surviving family members may be able to file a wrongful death claim to seek compensation for their losses. Property owners have a duty to maintain safe premises, and when they fail to do so, resulting in a fatal accident, they can be held liable. Compensation from a wrongful death claim can help cover funeral and burial costs, medical expenses, and other related damages, providing some relief to grieving families.
Losing a loved one due to someone else’s negligence is emotionally and financially devastating. Pursuing justice through a wrongful death suit can help you hold the responsible parties accountable, but these cases are often complex, involving extensive investigations, negotiations, and legal nuances. That’s why having an experienced Arlington wrongful death lawyer from Breit Biniazan by your side can make a meaningful difference. Our attorneys bring a deep understanding of Virginia’s wrongful death laws and a commitment to securing the maximum compensation for your family.
At Breit Biniazan, we handle all aspects of your case, from gathering crucial evidence and working with experts to negotiating with insurance companies and representing you in court if necessary. We are dedicated to providing compassionate support throughout the legal process, allowing you to focus on healing while we fight tirelessly for justice and compensation on your behalf. Trust Breit Biniazan to stand up for your family’s rights and honor the memory of your loved one with the dedicated legal representation you deserve.
In Virginia, only certain individuals are allowed to file a wrongful death claim. These individuals include the surviving spouse, children, and, in some cases, parents or siblings of the deceased. If there are no immediate family members, the personal representative of the deceased person’s estate may be eligible to file a claim. Understanding who can file a wrongful death claim is essential for families seeking justice and compensation for their loss.
The surviving spouse of the deceased person is typically the first person who can file a wrongful death claim. This includes spouses who were separated but still legally married at the time of the deceased person’s death. The surviving spouse may be able to seek compensation for a wide range of damages, including funeral and burial costs, medical expenses, and lost wages. Additionally, they can claim for the loss of companionship, guidance, and emotional support provided by the deceased. Having an experienced Arlington wrongful death lawyer can help navigate the complexities of the legal process and ensure that the surviving spouse receives the compensation they deserve.
It’s important to note that there is a limited window of time within which a wrongful death claim can be filed. This time frame is known as the statute of limitations. In Virginia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s passing;failing to file within this time frame may result in the forfeiture of the right to seek compensation.
Surviving family members may be entitled to various types of damages in a wrongful death case, including:
In many cases, wrongful death claims are resolved through settlements rather than going to trial. A settlement involves an agreement between the surviving family members and the responsible party or their insurance company. Arlington wrongful death lawyers play a pivotal role in negotiating these settlements, ensuring that the terms are fair and just.
Settlements offer several benefits, including:
If a fair settlement cannot be reached, a wrongful death lawsuit may be necessary. This involves taking the case to court, where a judge or jury will determine the outcome. While lawsuits can be more time-consuming and costly, they are sometimes the best option to ensure that surviving family members receive the compensation they deserve.
In many cases, the liable party’s insurance coverage comes into play when seeking compensation for wrongful death. Whether the incident was a car accident, medical malpractice, or another type of incident, insurance coverage can provide financial support to the victim’s family. Arlington wrongful death attorneys have experience dealing with insurance companies and can navigate the claims process on behalf of their clients.
Each state has its own laws and regulations regarding wrongful death claims. In Virginia, only specific individuals are allowed to file a wrongful death claim. This typically includes surviving spouses, children, and in some cases, parents or siblings of the deceased. If there are no immediate family members, the personal representative of the deceased person’s estate may be eligible to file a claim.
Arlington follows the legal principles of contributory negligence. This means that if the deceased person is found to have contributed in any way to their own death, the surviving family members may be barred from recovering damages. Having a skilled wrongful death lawyer by your side is crucial in presenting a strong case that establishes the liability of the responsible party.
Arlington wrongful death lawyers at Breit Biniazan play a vital role in guiding surviving family members through the legal process, ensuring their rights are protected, and advocating for fair compensation.
Just give us a call at (855) 659-4457 to schedule your free, confidential case evaluation with our Arlington legal team.
In Virginia, a wrongful death claim must establish four elements: duty, breach, causation, and damages. This means proving that the defendant had a duty of care toward the deceased, breached that duty, and that this breach directly caused the death, resulting in measurable damages to the family.
Yes, the U.S. Department of Veterans Affairs (VA) can be sued for wrongful death under certain circumstances. However, claims against the VA are governed by the Federal Tort Claims Act (FTCA), which has strict rules, including specific time limits for filing and limitations on the types of claims allowed.
A wrongful death settlement is an agreement reached between the parties involved to resolve the case without a trial. Typically, settlements cover compensation for medical expenses, lost wages, pain and suffering, and loss of companionship. The settlement amount is divided among eligible family members according to Virginia law.
Wrongful death occurs when a person’s death is caused by another’s wrongful act, neglect, or default, which would have entitled the victim to file a personal injury claim had they survived. In Virginia, wrongful death cases allow the family of the deceased to seek compensation.
What is causation in wrongful death?
Causation in wrongful death refers to the direct link between the defendant’s actions and the death of the victim. To succeed in a wrongful death claim, it must be shown that the defendant’s negligence or intentional conduct was the actual cause of the deceased person’s death.
Virginia does not have a specific cap on the amount that can be awarded in wrongful death cases, though there may be limits in cases involving certain defendants, like government entities. Damages typically cover medical costs, funeral expenses, lost income, and other compensatory damages.
Homicide is a criminal act where someone unlawfully causes another person’s death, leading to criminal prosecution. Wrongful death, however, is a civil matter where the deceased’s family sues for damages resulting from the death. Both can occur simultaneously, but they follow separate legal processes.
Wrongful death is considered a civil tort, specifically a type of personal injury tort, allowing the family of the deceased to sue for damages resulting from the wrongful act that caused their loved one’s death.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"
"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."
"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"
"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."
"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."
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"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."
"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use
Them again in the future if I needed to."
"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.
At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."
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"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."
"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"
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"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."
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Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
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As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
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