Roanoke Wrongful Death Lawyer

When a person dies due to someone’s careless, reckless, or intentional actions, it can leave surviving family members with emotional pain and financial struggles. At Marks & Harrison, we understand how difficult it can be during this time for families to take legal action and seek justice for the loss they have suffered. We are here to guide you through the process and protect your rights at every step.

Since 1911, we have protected the rights of personal injury victims and their families in Roanoke and communities throughout Virginia. Our legal team features 34 experienced and dedicated personal injury attorneys and over 140 support personnel, including former law enforcement officers who know how to get the facts in wrongful death cases.

To learn more about how Marks & Harrison can help your family following the wrongful death of a loved one, contact us today and schedule a free consultation through our Roanoke office.

How Does Virginia Define a Wrongful Death?

Virginia law defines a wrongful death as a death caused by the “wrongful act, neglect, or default” of another person or corporation. If your loved one’s death occurred due to the actions a person or company took or failed to take, you can seek to hold them accountable through a wrongful death lawsuit.

What Are Common Causes of Wrongful Deaths in Roanoke?

Wrongful deaths occur in Roanoke for many different reasons. Some of the most common causes of wrongful deaths that we have seen through the years at Marks & Harrison include the following:

• Car accidents
• Trucking accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Slip and fall accidents
• Drowning incidents
• Workplace accidents
• Defective products
• Physical assaults
• Domestic violence
• Intentional homicide.

Identifying the cause of your loved one’s death is the first step in seeking the compensation you and your family deserve. Once the cause of death has been determined, our investigators and lawyers can identify the at-fault parties and gather the evidence needed to hold them financially liable.

Who Can File a Wrongful Death Suit?

Only the deceased victim’s personal representative can file a wrongful death lawsuit in Virginia. Typically, this person is also the executor of the decedent’s estate, but may be someone else. By filing a wrongful death claim, the personal representative seeks compensation for all eligible surviving family members, including the victim’s spouse, children, and parents. If you are the personal representative of your deceased loved one, our lawyers can assist you by gathering the necessary evidence and working with you to file your lawsuit.

What Do You Have to Prove in a Wrongful Death Lawsuit?

For a successful wrongful death lawsuit, you have to prove that the at-fault party’s actions, or their failure to act, contributed to your loved one’s death. You also have to prove that you suffered losses due to their death, such as the loss of household income. You may need various forms of evidence, including:

• Accident scene photographs
• Traffic or surveillance footage depicting the accident
• Eyewitness statements
• Expert witness testimony
• Medical records and financial statements.

The best way to increase your chances of securing the compensation you need is to work with an experienced wrongful death attorney. At Marks & Harrison, our wrongful death attorneys can handle everything related to your case, from gathering evidence to representing you and your family in settlement negotiations or at trial.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim and a survival action serve different purposes. A wrongful death lawsuit seeks compensation for the surviving family members’ losses caused by the death of their loved one. A survival action seeks compensation for losses that the deceased victim suffered before their death.

Additionally, compensation from a wrongful death lawsuit goes to the surviving family members of the deceased. However, compensation from a survival action goes to the deceased’s estate.

What Damages Can You Seek in a Wrongful Death Claim?

Through your wrongful death lawsuit, you can seek compensation for different losses sustained as a result of your loved one’s death. Some of the losses you can seek money for in Roanoke wrongful death cases include the following:

• Mental anguish connected to the loss of your loved one’s companionship, comfort, guidance, and more
• Your loved one’s income and the household services they provided
• Expenses for your loved one’s treatment and hospitalization for the injury that led to their death
• Reasonable funeral and burial expenses.

How Are Wrongful Death Damages Distributed to Survivors?

In Virginia, the parties that can recover wrongful death damages include the deceased’s spouse, children, grandchildren (if there are no surviving children) and parents and siblings (if there is no surviving spouse, children, or grandchildren). Typically, spouses and minor children receive a higher percentage of compensation because they are more financially dependent on the deceased.

Is There a Time Limit for Filing a Roanoke Wrongful Death Lawsuit?

Under Virginia’s statute of limitations for wrongful death cases, you must bring a wrongful death lawsuit within two years of the death of the injured person. The date of death may not be the same as the date of the injury that caused their death.

You must file your lawsuit within these two years, or your case could be dismissed. An experienced wrongful death attorney at Marks & Harrison can handle your case and make sure to file your lawsuit before the deadline.

Contact a Roanoke Wrongful Death Attorney

Since our founding in 1911, Marks & Harrison has secured over $1 billion on behalf of injury victims and their families throughout Virginia. Our track record of success includes some of the largest cases in the state’s history. If you have suffered the wrongful death of a loved one in Roanoke, contact us today. We can answer your questions and review your case in a free consultation.