Wrongful Death Lawyer Portsmouth

Are you struggling with the overwhelming grief of losing a loved one due to someone else’s negligence in a Portsmouth wrongful death case?

Contents

• Types and Causes of Wrongful Death
• Who Can File a Wrongful Death Lawsuit in Portsmouth, VA?
• Recoverable Damages in Wrongful Death Cases
• Statute of Limitations in Portsmouth, VA
• Breit Biniazan: Wrongful Death Attorneys in Portsmouth
• Wrongful Death Portsmouth FAQ’s

At Breit Biniazan, our compassionate and experienced Portsmouth wrongful death lawyers are here to help you pursue the justice and compensation your family deserves. We have successfully recovered substantial settlements for our clients, including a $1.275 million settlement for the tragic wrongful death of a man who was struck by a racing motorcycle, resulting in him being thrown from his moped and fatally injured.

Our dedicated team focuses on wrongful death cases, offering the expertise and unwavering commitment necessary to guide you through the complexities of these legal matters. If you’ve lost a loved one in Portsmouth due to negligence, it’s vital to have skilled legal representation to manage the intricate legal procedures, gather vital evidence, and negotiate with insurance companies and opposing legal teams. You don’t have to navigate this difficult time alone—reach out to our Portsmouth team today at (855) 659-4457 for the support and guidance your family needs.

Types and Causes of Wrongful Death

Wrongful death claims can stem from various situations where another party’s negligence or misconduct results in a fatality. Common types of wrongful death cases include:

• Motor Vehicle Accidents:Car, truck, motorcycle, and pedestrian accidents are frequent causes of wrongful death. In Portsmouth, as in other areas, the financial burden of a loved one’s wrongful death can be overwhelming, including funeral expenses. Families may seek compensation for these costs through a wrongful death lawsuit. In 2023, Portsmouth reported a notable number of motor vehicle accidents, with 1,438 crashes resulting in 1,087 injuries and 12 fatalities. Portsmouth wrongful death cases often require knowledgeable attorneys to navigate the complexities of settlement distribution and eligibility for compensation.
• Medical Malpractice: Errors by healthcare providers, such as misdiagnosis, surgical mistakes, and medication errors, can lead to fatal outcomes. These tragic incidents form the basis of many wrongful death claims in Portsmouth. A Virginia wrongful death claim is crucial for seeking justice and financial compensation after such a tragic loss due to negligence. A study by Johns Hopkins suggests that medical errors are the third leading cause of death in the U.S, with more than 250,000 killed every year due to medical mistakes.
• Workplace Accidents: Unsafe working conditions, inadequate safety measures, and equipment failures can lead to fatal workplace accidents. Portsmouth, with its mix of industrial and maritime industries, is not immune to such tragedies. In 2021, Virginia reported 118 fatal occupational injuries
• Product Liability: Defective or dangerous products, including faulty vehicles and unsafe medical devices, can cause fatalities. Manufacturers and sellers may be held liable if their products do not meet safety standards. In 2023, there were 4,444,481 net premiums written.
• Nursing Home Abuse: Neglect or abuse in nursing homes can lead to the death of elderly residents. Issues such as malnutrition, dehydration, and physical abuse are unfortunately common causes of wrongful death in Portsmouth’s elderly population. In 2023, nursing homes across the U.S. received a total of 94,499 health citations. Among these citations, 7,654 (8.1 percent) were issued due to instances of abuse, neglect, or exploitation of residents.
• Criminal Acts: Intentional acts of violence, such as assault or homicide, can result in wrongful death claims in addition to criminal charges against the perpetrator.

The underlying causes of wrongful death are often linked to negligence or misconduct, including:

• Negligent Driving: Distracted driving, driving under the influence, speeding, and reckless driving are major causes of fatal accidents in Portsmouth.
• Medical Negligence: Errors in diagnosis, treatment, surgical procedures, and medication administration can lead to death, resulting in wrongful death claims.
• Unsafe Working Conditions: Lack of safety protocols, inadequate training, faulty equipment, and exposure to hazardous materials contribute to workplace fatalities.
• Defective Products: Products that are poorly designed or manufactured, or that lack proper warnings, can cause fatal injuries. Companies can be held accountable if their products fail to meet safety standards.
• Elder Abuse and Neglect: Inadequate supervision and physical or emotional abuse in nursing homes can lead to the death of vulnerable residents.
• Criminal Behavior: Intentional acts of violence, such as shootings or stabbings, can result in wrongful death claims.

Who Can File a Wrongful Death Lawsuit in Portsmouth, VA?

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate, often with the assistance of a Portsmouth wrongful death attorney. Eligible beneficiaries who can receive compensation include spouses, children, adopted children, stepchildren, grandchildren, parents, siblings, dependent family members, and other beneficiaries named in the deceased person’s will. These family members are entitled to monetary compensation for the loss they have suffered.

Recoverable Damages in Wrongful Death Cases

Families affected by wrongful death in Portsmouth may be entitled to recover compensation for various damages caused by the incident, including wrongful death damages, which encompass loss of companionship and care, and are influenced by specific state laws.

• Economic Damages: These cover medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident.
• Non-Economic Damages: These include pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. In cases involving willful or reckless conduct, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior in the future. Virginia caps punitive damages at $350,000. Wrongful death settlements paid are typically handled by the insurance company of the party at fault, with the settlement amount determined through a negotiation process considering the damages incurred by the surviving family members.

Statute of Limitations in Portsmouth, VA

In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means you have a two-year window from the day your loved one passed away to initiate legal action against the responsible party. Failing to file within this timeframe could mean losing your right to pursue compensation permanently.

The statute of limitations is crucial for several reasons. First, it ensures that claims are made while evidence is still fresh, which can significantly impact the success of your case. Witness memories can fade, and physical evidence can deteriorate. Acting promptly helps preserve this crucial information.

Secondly, the statute of limitations encourages timely resolution of disputes. It prevents potential defendants from facing indefinite litigation, which can create prolonged uncertainty. This legal timeframe also motivates plaintiffs to seek justice without unnecessary delay, promoting a more efficient legal process.

Certain exceptions might extend or shorten this two-year period. For instance, if the death was not immediately discovered to be wrongful, the clock may start ticking from the date the wrongful act was discovered, rather than the date of death. This is known as the “discovery rule.” On the other hand, if the wrongful death involves a government entity, special notice requirements and shorter timeframes might apply.

Given these complexities, it’s crucial to consult with an experienced wrongful death attorney as soon as possible to ensure that you do not miss critical deadlines and to understand any specific circumstances that might affect your case. At Breit Biniazan, our team can provide the guidance and expertise needed to navigate these legal requirements effectively.

Breit Biniazan: Wrongful Death Attorneys in Portsmouth

At Breit Biniazan, our Portsmouth wrongful death lawyers are committed to providing compassionate and effective legal representation for families affected by wrongful death in Portsmouth. Our wrongful death attorneys are dedicated to helping you navigate the legal process, file claims, negotiate settlements, and ensure you receive the compensation you deserve. We understand the emotional and financial stress you are experiencing and are here to support you through this difficult time.

Our attorneys have decades of experience handling wrongful death cases and a proven track record of success. We understand that every case is unique and provide tailored legal strategies to meet your specific needs. We have secured significant settlements and verdicts for our clients, helping them achieve justice and financial stability. We are committed to supporting you through this difficult time with empathy and understanding.

If you have lost a loved one due to someone else’s negligence in Portsmouth, contact Breit Biniazan today for a free consultation. Our experienced wrongful death attorneys are here to help you navigate the legal process and seek the justice and compensation you deserve. Call us at (757) 982-2930 or visit our office at Portsmouth, VA to schedule an appointment and discuss your case.

Wrongful Death Portsmouth FAQ’s

What is a wrongful death claim?

Wrongful death lawyers play a crucial role in a wrongful death claim, which is a legal action brought when someone dies as a result of another party’s negligent, reckless, or intentional actions. The purpose of such a claim is to seek compensation for the surviving family members for their financial and emotional losses. These claims can be filed against individuals, companies, or government entities responsible for the death.

Who can file a wrongful death lawsuit in Virginia?

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. Eligible beneficiaries who can receive compensation include spouses, children, adopted children, stepchildren, grandchildren, parents, siblings, dependent family members, and other beneficiaries named in the deceased person’s will.

What types of damages can be recovered in a wrongful death case?

Families affected by wrongful death may be entitled to various types of compensation.

• Economic Damages: These include medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident.
• Non-Economic Damages: These cover pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. Punitive damages may also be awarded in cases involving willful or reckless conduct, with a cap of $350,000 in Virginia.

What is the statute of limitations for filing a wrongful death lawsuit in Virginia?

In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that the lawsuit must be initiated within this period; otherwise, you may lose the right to pursue compensation. There are certain exceptions, such as the discovery rule, which can extend this period if the wrongful nature of the death was not immediately apparent.

What should I do if I suspect my loved one’s death was wrongful?

If you suspect your loved one’s death was wrongful, it is crucial to seek legal advice immediately. Our experienced wrongful death attorneys can help you understand your legal options, gather necessary evidence, and file a lawsuit within the required timeframe. Acting promptly ensures that you preserve critical evidence and witness testimonies to strengthen your case. Don’t wait—call us today at (757) 982-2930 for the support and guidance you need.