Wrongful Death Attorney

Wrongful death refers to a civil action in which surviving family members seek damages against the party responsible for causing the death of a loved one. For a claim to be valid, the deceased must have had a personal injury claim against the responsible party had they lived. Claims can arise in several scenarios, such as:

• Motor Vehicle Accidents: If a negligent driver causes a fatal crash, their actions may make them liable for wrongful death.
• Medical Malpractice: If a healthcare provider’s negligence, such as failure to diagnose or improper treatment, leads to death, a wrongful death claim may be brought against them.
• Intentional Acts: In cases of murder, a criminal trial may occur, but surviving family members can also pursue a separate civil wrongful death claim.

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Boating accidents
• Aviation accidents
• Construction and industrial accidents
• Medical malpractice
• Dangerous and defective products
• Slip and fall accidents

To hold the responsible party accountable in a wrongful death claim, the same burden of proof required in a personal injury case must be met. Specifically, you must show:

1. Duty of Care: The defendant owed a duty of care to the deceased.
2. Breach of Duty: The defendant breached that duty of care.
3. Causation: This breach directly caused the death of the victim.
4. Damages: The victim’s death caused significant harm to the surviving family members.

Losing a loved one is one of the most difficult experiences anyone can go through. When the death is caused by negligence or wrongdoing, the emotional impact is compounded. In such situations, having a skilled wrongful death attorney by your side is essential. At The Law Office of C. James Terry, LLC, we offer not only legal expertise but also compassion and sensitivity as we fight for justice on behalf of your family.

A wrongful death lawyer will navigate the legal complexities of your case and pursue justice for the harm caused to your family, providing relief and accountability.

A wrongful death claim is typically filed in two ways: a survival action or a wrongful death action.

• Survival Action: Brought on behalf of the deceased person’s estate to recover damages such as medical expenses, funeral costs, and pain and suffering.
• Wrongful Death Action: Filed by surviving family members such as spouses, children, or parents to recover damages for loss of income, loss of consortium, or loss of companionship.

• Primary Beneficiaries: Spouses, children, and parents can seek compensation for their losses, including emotional pain and financial support.
• Secondary Beneficiaries: Siblings, cousins, or other relatives may file a survival action to recover damages for the estate.

Wrongful death claims provide compensation for the emotional, financial, and physical hardships caused by the loss. Some of the damages that can be sought include:

• Survival Action: Funeral expenses, medical bills, and the deceased’s pain and suffering.
• Wrongful Death Action: Loss of consortium, income, companionship, and support for the surviving family members.

An experienced attorney will help you determine the best course of action and ensure that your rights are protected throughout the legal process.

In most states, wrongful death claims must be filed within a certain period after the death. For example, in Maryland and Washington D.C., the statute of limitations is three years from the date of death. In Virginia, the deadline is two years. It’s critical to file your claim within the prescribed time frame, as failing to do so can prevent you from seeking justice.