Nothing in this world is as difficult as losing a loved one. When a family member dies due to someone else’s negligence, it adds to your grief, because it did not have to happen.
If your family member was killed while on the job, you have some protection from workers’ compensation insurance in the form of death benefits. This program protects employers when a worker suffers a workplace fatality. However, in many of these tragic situations, a third party besides the employer may have contributed to your loved one’s demise. In such cases, family members may file a wrongful death lawsuit against them.
No amount of money replaces your loved one, but this is the only available remedy for your loss. For more than 50 years, the Chesapeake wrongful death law firm of Rutter Mills has represented workers injured on the job or their estates if they are deceased. Our track record in these unfortunate circumstances is second to none.
Wrongful Death Causes
There is no question that workers in certain occupations are more vulnerable to fatal job accidents than others. However, any employee might lose their life at work. A fatal fall, for example, can happen anywhere, and unfortunately, so can a violent attack.
Those in the construction industry are at particular risk. Besides falls, those working on job sites may die from getting struck by an object, hit or caught in between construction equipment, or electrocution. When a contractor or other third party bears some or all of the responsibility for the fatality, the deceased person’s family members may file a wrongful death action.
Our wrongful death lawyers know that while workers’ compensation provides certain benefits, there is no way to recover non-economic damages. These include loss of companionship, guidance, and mental anguish. In a wrongful death lawsuit, it is possible to receive this compensation. Virginia does not place a cap on it.
In rare cases, punitive damages are awarded. This might occur when the third party liable for the worker’s death behaved in a particularly egregious manner. These damages are capped at $350,000.
The statute of limitations for filing a wrongful death lawsuit in the Commonwealth is two years. It is critical to seek legal counsel as soon as possible. Winning a wrongful death lawsuit depends on obtaining evidence before it can disappear–such as surveillance videos– or interviewing eyewitnesses.
Contact our team of Chesapeake Wrongful Death Lawyers
Your world has shattered with your loved one’s death, and you do not know where to turn. A wrongful death attorney at Rutter Mills will evaluate your case and advise you on whether there are grounds for filing a wrongful death lawsuit against a third party.
Arrange a free consultation today. There is no fee unless you receive compensation, as we work on a contingency basis.
When you’ve been injured, you’ve got a lot at stake… but so does the insurance company. Walking into the court room with a serious lawyer makes all the difference. Watch our video to learn more about Rutter Mills.
“Nothing makes you feel more vulnerable than being hurt or ill. And nobody likes to ask for help. But when you need it most, we’re at our best. We give our clients the confidence and support they need to know they’ll be taken care of – that they’ll get the best outcome possible, even in the face of a very bad situation.”
– Brother Rutter