The Process of Working With a Wrongful Death Attorney

Losing a loved one unexpectedly is devastating, especially when their death was caused by someone else’s negligence or wrongful act. If you find yourself facing this tragedy, understanding the process of wrongful death claims in Portsmouth, VA, can help bring some clarity and direction to an otherwise difficult time. Bangel, Bangel & Bangel, L.L.P., can guide you through each step of the legal process, ensuring your rights are protected while pursuing the justice your family deserves. In this article, we will explore how working with a wrongful death attorney in Portsmouth, VA, typically unfolds—from filing a claim to reaching a resolution.

Understanding Wrongful Death Claims 

Before diving into the process, it’s important to know who is eligible to file wrongful death claims in Portsmouth, VA. Under Virginia law, the surviving spouse, children, or sometimes parents of the deceased may initiate a wrongful death lawsuit. These claims arise when a death is caused by negligence, recklessness, or intentional harm, whether from car accidents, medical malpractice, workplace incidents, or other wrongful acts. A wrongful death attorney in Portsmouth, VA, will help determine eligibility and gather evidence supporting the claim.

The Comprehensive Process of Pursuing a Wrongful Death Claim

Step 1: Initial Consultation and Case Review

The process typically begins with an initial consultation with a wrongful death attorney in Portsmouth, VA. During this meeting, the attorney will review the facts surrounding the death, identify potential defendants, and assess the viability of your claim. This is also a time to ask questions, express concerns, and discuss your goals. An experienced wrongful death attorney in Portsmouth, VA, like those at Bangel, Bangel & Bangel, L.L.P., will provide an honest evaluation of your case’s strengths and potential challenges.

Step 2: Filing the Wrongful Death Claim

After the consultation, your wrongful death attorney will prepare and file the wrongful death claim with the appropriate court. This formal complaint outlines the basis for the claim, the parties involved, and the damages being sought. Virginia has a statute of limitations for wrongful death claims, typically two years from the date of death, so timely filing is crucial. Your attorney will ensure all deadlines are met and paperwork is properly handled.

Step 3: Discovery and Evidence Gathering

Once the claim is filed, the discovery phase begins. This phase involves exchanging information between your attorney and the defendant’s legal team. Your wrongful death attorney in Portsmouth, VA, will collect evidence such as medical records, accident reports, witness statements, and expert testimonies needed to build a strong case. This process often includes depositions, interrogatories, and requests for documents. The goal is to uncover all facts that support your claim of wrongful death.

Step 4: Negotiation and Settlement Discussions

Many wrongful death claims are resolved through settlement negotiations before going to trial. Your attorney will use the gathered evidence to negotiate with insurance companies or opposing counsel on your behalf. A skilled wrongful death attorney knows how to pursue fair compensation for damages, which may include medical expenses, funeral costs, lost future earnings, and emotional suffering. Settlement discussions can be complex, and having a knowledgeable attorney is key to maximizing your recovery.

Step 5: Trial Preparation if Settlement is Unsuccessful

If a fair settlement cannot be reached, your wrongful death attorney in Portsmouth, VA, will prepare to take your case to trial. Trial preparation is thorough, involving additional investigation, pre-trial motions, and strategizing how to effectively present your case to a judge or jury. During trial, your attorney will advocate vigorously to prove liability and damages, aiming to secure the justice your family deserves.

Step 6: Resolution and Compensation

Whether through settlement or trial verdict, the case concludes with a resolution where compensation is awarded to you and your family. Your wrongful death attorney in Portsmouth, VA, will assist with understanding the settlement or verdict terms and handling the distribution of funds. Compensation is intended to cover financial losses and offer some measure of closure after a tragic loss.

Who Is Eligible to File a Wrongful Death Claim Under Virginia Law

Understanding who can file a wrongful death claim in Portsmouth, VA, is a crucial step in the legal process. Under Virginia law, wrongful death claims are intended to provide financial compensation to those most directly affected by the loss of a loved one due to another party’s negligence or wrongful conduct. In Virginia, the right to file a wrongful death claim generally belongs to the following surviving family members:

• Spouse: The surviving husband or wife of the deceased person has the primary right to file a wrongful death lawsuit.
• Children: If there is no surviving spouse, the deceased's children may step forward to file the claim. This includes biological, adopted, and sometimes legally recognized children.
• Parents: If there is no surviving spouse or children, the deceased person’s parents may be eligible to file.

It is important to note that the actual rules regarding eligibility can sometimes be complex and may depend on specific circumstances, such as legal separations or custody arrangements. A wrongful death attorney in Portsmouth, VA, can help clarify who is eligible to file a claim based on your family’s unique situation.