Compassionate Representation For Wrongful Death Matters

Experienced attorneys here to help grieving families

Dealing with the loss of a beloved family member is always difficult.  The emotional pain or possibly anger one feels is often made worse when the death was caused by the careless conduct of an individual or a business. Additional stressors and challenges can result from its sudden nature, such as the pain of not getting to say goodbye, regrets of things said or left unsaid, and questions and worry regarding income if the family member killed was a wage earner and supporter.

In Virginia, this compensation includes the following:

• Hospital and medical expenses
• Funeral and burial costs
• The sorrow, mental anguish, and solace of the survivors
• Loss of financial support for dependents

 Who is entitled to compensation?

In Virginia, the family members entitled to financial compensation for the loss of a loved one is determined by statute. Generally speaking, the surviving spouse and children of the deceased may 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. Note that a wrongful death lawsuit must be brought by an individual who has qualified in court as the personal representative of the deceased person.

How much time do you have to file after a death?

It’s important to note that each state has a specific time limit, known as a statute of limitations, which determines how long you have to file a wrongful death claim. In Virginia, the statute of limitations for wrongful death is two years from the date of the person’s passing. If you miss this deadline, your claim will  be barred from court. An experienced personal injury wrongful death  lawyer can explain the statute of limitations in more detail and help  ensure that you don’t miss this crucial deadline, which could result in the loss of your right to file a wrongful death case. Wrongful death cases can be complex and may take time to settle, depending on the specific circumstances of the case. That’s why it’s crucial to contact an attorney as soon as possible after the wrongful death of a loved one. Time is of the essence in wrongful death cases, so don’t hesitate to seek legal help as soon as possible.

Will the settlement be taxable?

If a settlement is reached, it must be approved by the Court. This is required to ensure that the settlement is fair to each of the survivors entitled to be compensated. If the case goes to trial, the jury determines the amount of damages to be awarded to each beneficiary.

According to the Internal Revenue Service (IRS) Rule 1.104-1, the settlement amount received in a wrongful death claim is generally not taxable. However, there may be certain circumstances where other portions or amounts of the settlement, such as those received for medical bills, emotional distress, or punitive damages, may be taxable. Again, your experienced  wrongful death lawyer can help you and your tax professional understand how each portion of your settlement is classified. Understanding the taxable status of your wrongful death settlement can help you ensure that your settlement lasts as long as possible and provides for your family’s needs.

Reliable guidance during a difficult time

When a family member comes to Curcio Law after a fatal car accident or other event causing the wrongful death of a loved one, the attorneys and staff, humbled by the trust that the surviving family members have, that through the legal process our attorneys can alleviate some of their losses. Know that the personal injury team here at Curcio Law is committed to using our legal knowledge, skill, and experience to obtain a settlement, or if necessary a verdict, which fully and fairly compensates the family members for their losses.

As is true of all cases we accept for representation, all of the legal details are handled with the utmost care and professionalism to help alleviate the burden on the family. Experienced and proven legal guidance during a painful time can help the surviving family members recover a sense of justice as well as compensation for their financial and emotional losses.  No one can bring back a lost loved one, but skilled wrongful death attorneys can help families pursue the best possible legal remedies available throughout the Northern Virginia region.

Contact our compassionate wrongful death attorneys in Alexandria, VA

As is clear from the brief discussion above, considering and pursuing a wrongful death claim is a complex undertaking and is one with important statutory requirements that have to be complied with in order to successfully pursue such a claim. As such, if you are considering such a claim, you must speak with  attorneys experienced in handling such important cases.

When dealing with the tragic loss of a loved one, you deserve professional legal assistance from sensitive and caring attorneys. Learn why Curcio Law is the right firm to handle your family’s wrongful death claim. To schedule a free consultation, call us at 703-836-3366 or contact our Alexandria office online.