Wrongful death

Wrongful death cases arise from a variety of circumstances including vehicle crashes, medical malpractice, dangerous or defective products, workplace and job-related mishaps, and construction site accidents. Whatever the cause, Cuthbert Law Offices can help.  Please see Panel 1 and Panel 4 and our decisions in the cases of Ingram v. Harper, Green v. Ingram, Shepard v. Capitol Foundry of Virginia, Inc., and Pulliam v. Coastal Emergency Services of Richmond, Inc.

In Virginia surviving family members specified by statute can be compensated for both economic and non-economic losses, including loss of financial support, grief,  love, care, comfort, supervision, guidance, household assistance and general society. The claims also cover medical and burial expenses.

In all wrongful death cases, negligence must be proven. Cuthbert Law Offices can help clients prove the four critical components of a successful negligence claim:

1. the defendant had a duty to the deceased,
2. the defendant negligently failed in that duty (breach of duty),
3. the fatality was caused by the defendant’s breach of duty, and
4. the survivors are entitled to damages as a result of the loss of their loved one.

In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary can be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased should also be shown. Finally, effective presentation of the non-economic or emotional loss suffered by the survivor is critical to a fair award of damages.

The amount of damages awarded will depend on the plaintiff’s relationship to the deceased and may include the following:

• Reimbursement for all medical expenses incurred as a result of the negligence.
• Reimbursement for the loss of any future income.
• Reimbursement for property damage, if applicable.
• Reimbursement for any future services normally provided by the person who has died.
• Reimbursement for loss of companionship, help, and affection from the person who has died.
• Punitive damages if the negligence was found to be willful or wanton.

If you have lost a loved one due to another’s misconduct or carelessness, contact Cuthbert Law Offices. While you are combating grief, our attorneys will be helping you fight for your loved one’s rights and prepare you for a life beyond your current grief. We can also protect your rights with insurance companies whose first consideration is to decrease their liability in wrongful death claims. Our goal is to make sure that you are treated fairly.

Wrongful death cases are complex. Cuthbert Law Offices has the experience and resources expertly to pursue such claims. Contact us online today. In Petersburg, call 804-733-3100. In Richmond, call 804-643-3100. Or, email us at lawyers@cuthbertlaw.com .