Wrongful Death Claims

It is often overwhelming to hear that a loved one has unexpectedly died in a crash or other fatal accident.  Not only will there be a multitude of emotions, but the surviving family members will usually have many unanswered questions. 

Eric O Moody & Associates can help the surviving family members navigate the complex process of a claim for wrongful death.  While contacting an attorney may not be the first thing on your mind after the death of a loved one, this may be necessary, especially if you are contacted by an insurance company that offers a settlement soon after the accident.

An insurance company may use this strategy to take advantage of a grieving family to settle a case that they know might be worth much more than what is offered.  It is crucial that you have an experienced lawyer in your corner who can efficiently explain and represent your rights to be compensated for the loss of a loved one.

Money damages can be awarded to surviving family members for medical bills and funeral costs, and loss of retirement benefits and earnings if the decedent had lived. Compensation can also be awarded for the loss of companionship and emotional support for the survivors, the mental pain and suffering from the decedent’s death, and under some circumstances, punitive damages to make an example of, and punish the wrong doer for gross negligence.

Claims are often made by:

  • Spouses — If the person who died (the decedent) was married, then the spouse is a proper party to file suit.
  • Children — Natural and adopted children of the decedent may also maintain a wrongful death claim due to the death of their parent. Even where adoptions are not official, there have been cases in which children have been able to prove their legal status as a child through the use of a “poor man’s adoption.”
  • Parents — Parents of minor and of major (adult) natural and adopted children may also make a parental wrongful death claim.
  • Estate — The decedent’s Estate itself has a claim, under the Virginia Survival Statutes, for medical expenses incurred prior to death and funeral expenses.

A wrongful death lawsuit cannot bring back your loved one or cure the pain that you and your family may be experiencing, but the lawsuit will pursue justice and compensation in order to relieve the financial burden that your family may be experiencing.

If a loved one has died in a fatal car crash or other catastrophic accident, contact the attorneys at Eric O. Moody & Associates today.

We will work to provide the necessary counsel during this difficult time.

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