The loss of a loved one is one of the most challenging times in life, but when the death is unexpected and caused by the negligence or wrongful conduct of another person, the loss is incomprehensible. A wrongful death case requires a skilled and compassionate lawyer with experience in ligation of death cases. As trusted and experienced wrongful death lawyers, the partners at Burke Stein Rosenberg PLLC understand both the complex legal issues and how painful the process of obtaining justice is for the families in these cases.
Types of wrongful death claims
If you are the spouse, parent, or child of a wrongful death victim, you may be entitled to receive compensation after the loss of your loved one. There are two main types of claims you can file:
- Survival action — Survival action claims are designed to recover compensation for the injuries your loved one sustained in the accident that later led to his or her death. These damages will help cover any medical expenses your loved one incurred from the time of the accident until death.
- Wrongful death action — These claims are filed when your loved one dies immediately due to an act of negligence by another party. The damages in a wrongful death action cover the loss of financial support, pain and suffering of the surviving family members and the funeral and burial expenses.
It’s our goal to provide you and your family with the highest quality legal service and outstanding customer care for your wrongful death claim. Burke Stein Rosenberg PLLC has the staff, the resources, the industry knowledge, and the unwavering commitment to stand up for your rights and help you get the compensation you deserve.
Who is entitled to receive compensation in a wrongful death case?
In cases involving the death of a child, the parents may file suit and be awarded damages. In cases involving the death of an adult, the surviving spouse and children of the deceased may file suit and be awarded damages. In addition, any grandchildren of the deceased, if the parent of that child is also deceased, are eligible to receive compensation. If there is no surviving spouse, children, or grandchildren, the parents and siblings, and any other relative who was dependent on the deceased person and lived in the same household may receive compensation. If there is a surviving spouse but no children, damages may be awarded to the spouse and to the parents of the deceased.
What damages can be recovered in a wrongful death case?
There are three types of damages you can recover in a wrongful death case:
- Economic damages — These damages exist to cover the tangible, financial losses or hardships you may experience as a result of your loved one’s death. For example, you may receive compensation for outstanding medical bills and burial expenses, loss of spousal income, financial support and more.
- Non-economic damages — This type of compensation is intended to address the very significant but non-tangible losses from the death of a loved one, such as the loss of love, companionship, advise, affection, the altered family relationships, and the loss of a lifetime of expected guidance and assistance from the deceased.
- Punitive damages — Punitive damages are designed to punish the person whose negligent actions may have caused the death of your loved one.
The type of damages that may be recovered depends on the individual circumstances of each case. To learn more about what damages you may be eligible to recover, consult our lawyers.
Is it necessary to hire an attorney in a wrongful death action?
It is critical to have an experienced lawyer when pursuing legal action after the loss of a loved one. Our attorneys understand all the nuances of the legal system, and can guide you through the process to help achieve a just and satisfactory result. At Burke Stein Rosenberg PLLC, we have the resources needed to gather all relevant evidence, enlist the help of expert witnesses, and follow the correct procedures for building a compelling case.
When should I contact an attorney?
A wrongful death case must be filed within two years of the date that the death occurred in Virginia and the District of Columbia. Maryland allows filing within three years of the date of death. Although it may be difficult to make the call early after the death of a loved one, it is critically important that you seek counsel early. Evidence can be lost over time, so it is important to act quickly. Our competent and compassionate wrongful death lawyers can help you with all of the legal details during this difficult time.
Let our team help you
Contact us to see the difference our exceptional wrongful death attorneys can make in your case and in your life. There is no risk in calling us. Our firm does not charge a consultation fee to meet with clients and assess their particular case. We work on a contingent (percentage) fee arrangement, so no legal fees are paid if money is not recovered on your behalf. We have attorneys licensed to practice in Virginia, District of Columbia and Maryland courts.
There is absolutely no fee to call our office and discuss your unique wrongful death case with a member of our team. There is no fee for visiting with us and no hourly fee for the time we work on preparing your case, taking discovery and depositions, court appearances, and trial when necessary.
A contingent fee simply means that we do not get paid unless you recover a verdict or settlement. Our attorney fee is contingent upon you getting a recovery. It is a percentage (%) of the amount obtained through settlement or by trial.