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Bringing a Wrongful Death Lawsuit After a Pedestrian Accident (Part B)

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To prove the defendant was responsible, the plaintiff must establish a connection between the defendant’s conduct and the plaintiff’s injury, i.e., it must be shown that without the defendant’s conduct, the injury would never have occurred. Note it is not necessary to show that the defendant was the only responsible party.

Negligence is the basis of many Virginia wrongful death suits. Negligence is described as recklessness, carelessness, thoughtlessness, inattention to detail, and mistakes. Further, there are four essential elements to prove in order to satisfy a negligence claim in Virginia after a pedestrian accident:

  • The defendant had a duty to the deceased;
  • The defendant failed in that duty (breach of duty);
  • That the fatality was caused by the defendant’s breach of duty; and
  • That the survivors are entitled to damages as a result of the loss of their loved one

Virginia Wrongful Death Lawsuit Damages

Damages in a lawsuit are not automatically granted and the amount of damages awarded will depend greatly on the plaintiff’s relationship to the deceased. The damages award may include compensation for the following:

  • Reimbursement for the loss of future income;
  • Reimbursement for all medical related expenses incurred as a result of the defendant’s negligence;
  • Reimbursement for property damage;
  • Reimbursement for funeral expenses;
  • Reimbursement for any future services normally provided to you by the person who has died; and
  • Reimbursement for loss of consortium (spouse’s right to companionship).

If your loved one was killed in a Virginia pedestrian accident, until you retain an attorney, the representatives of the insurance company know that they are dealing with someone who is not adequately prepared and thus are unlikely to offer you fair compensation.

It would be in your best interest to contact an experienced Virginia personal injury lawyer who will protect your rights and ensure you get the justice and compensation you rightfully deserve. Virginia has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed. Contact Parrish Law Firm, PLLC today for a FREE evaluation of your case – 571-206-0215.

Call or Text 571-229-1800 or Complete a Free Case Evaluation form

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    01 How Soon Should I Contact a Lawyer After an Accident?
    Contacting a lawyer immediately after an accident is crucial to protect your legal rights, preserve evidence, and avoid missing deadlines that could impact your case.
    02 Should I Avoid Talking to Insurance Adjusters?
    It's wise to avoid speaking with insurance adjusters without consulting an attorney first, as they may use the information against you to minimize your compensation or reject your claim entirely.
    03 What if the Other Driver is Lying About the Accident?
    Gathering evidence like witness statements and photographs will help prove your side of the story. The best way to fight a false narrative by the at-fault driver is with facts that prove the truth.
    04 What Happens to My Lost Wages?
    If you can't work because of an injury from someone else's negligence, you may be entitled to compensation for lost wages, benefits, and bonuses. An attorney can help you pursue that compensation through negotiations or litigation.
    05 How is Parrish Law Firm Different?
    Founding partner James R. Parrish knows the best strategies for fighting for fair compensation from insurance companies because he used to represent the insurancers in personal injury cases. A background of working on the other side of personal injury claims gives him the insider knowledge necessary to take on these deep-pocketed companies.
    06 How Long Do I Have to Settle My Case?
    There is no strict time limit on settling a personal injury claim. However, there are restrictions on the amount of time you have to file a lawsuit. In Virginia, you must file your personal injury lawsuit within two years of the date of the accident. The time it takes to settle a case depends on the circumstances surrounding the accident and the motivations of both parties. These cases can last from a few months to several years.