virginia wrongful death lawyer

4 Key Factors in All Wrongful Death Claims

by Staff Blogger | June 21st, 2021

Wrongful death lawsuits are both extremely emotional and highly complex. They involve getting compensation for the death of a loved one, which is an irreplaceable and often life-changing loss. They also involve a party or parties that often fight back aggressively to avoid liability or paying any compensation to the victim’s family members.

For wrongful death claims to be successful, there are four elements that must be proven or demonstrated.

  1. Negligence—First, there must be proof that the victim died because of negligence, carelessness, or recklessness.
  2. Breach of duty—Second, there must be proof that the person or party whose negligence resulted in the death owed the victim a duty of care. For example, drivers owe other motorists a duty of driving safely, while doctors owe their patients a duty of practicing medicine safely.
  3. Causation—When it’s established that the defendant was acting negligently, it also must be established that their negligence caused the victim’s death.
  4. Damages—A death on its own is tragic, but wrongful death lawsuits must also factor in quantifiable damages for things like medical bills, funeral expenses, lost income (current and future), loss of companionship, pain and suffering, and more.

At Lowell Stanley Injury Lawyers, our Virginia wrongful death attorneys have years of experience proving and demonstrating these four key factors, and we don’t shy away from wrongful death claims that other firms may turn down. Contact us today for a free consultation. We’re ready to put our experience to work for you.

What’s the Time Limit on a Wrongful Death Lawsuit in Virginia?

by Staff Blogger | March 29th, 2021

Wrongful death lawsuits are among the most emotionally difficult types of legal action we take on behalf of our clients. Losing a loved one is always devastating, and we share in the pain of the families we assist. But we also know that helping those families get compensation for their losses can make their paths forward a little easier.

However, some grieving families may forego filing wrongful death lawsuits, especially if their loved ones suffer injuries that aren’t immediately fatal but that ultimately result in their deaths. For example, medical malpractice and car accidents can cause victims to suffer serious injuries, but they may live for weeks, months, or even years afterward. But eventually, they succumb to their injuries.

Thankfully, their surviving family members can still file wrongful death claims, even if it has been years since their accidents or injuries occurred. That’s because Virginia’s wrongful death statute of limitations is two years from the date of the person’s death—not the date of the accident.

However, even if it has been years since the injury occurred, many families are still unprepared for the grief and turmoil after their loved ones’ death. That means that it’s common for the two-year statute of limitations to expire, as they may be busy with other things or simply too grief-stricken to take matters into their own hands.

That’s why it’s important to have an experienced Virginia wrongful death lawyer on your side. At Lowell Stanley Injury Lawyers, our legal team will build your family’s wrongful death claim while you focus on being together, grieving your loss, and working towards your future one day at a time. Contact us today for a free consultation.

What Costs Are Covered by Wrongful Death Claims?

by Staff Blogger | January 4th, 2021

Losing a loved one consistently ranks as one of the most stressful and traumatic life experiences. If you lost a loved one because of someone else’s negligence, you may be wondering if you have any financial recourse, especially if they were the primary income-earner for your household. You also may be wondering what that recourse may entail should your claim succeed.

Wrongful death claims can provide compensation to grieving families for things like:

  • Loss of companionship—The death of a loved one results in intense and prolonged grief, depression, and anxiety for surviving family members. Just as pain and suffering is compensated in personal injury claims, so too is loss of companionship in wrongful death claims.
  • Loss of income—Losing a loved one’s income can be financially devastating, especially if they were the breadwinner for the family or contributed heavily to the family’s finances. When we build wrongful death claims, we factor in past, current, and future lost wages.
  • Funeral expenses—Funerals can cost thousands of dollars. For many families, this expense can be too much to bear, especially if they’ve already spent thousands of dollars or more on medical bills for lifesaving treatments.

Other forms of compensation include pensions/401(k)s, inheritances, pain and suffering, property damage, and more. It’s important to get an experienced Virginia wrongful death lawyer on your side when you’re dealing with the preventable death of a loved one. Doing so gives you more time and space to grieve without worrying about the back and forth with the insurance company and other parties.

Contact Lowell Stanley Injury Lawyers today for a free consultation—we want to help you through this difficult time.

We Work Hard to Get Maximum Compensation for Grieving Families

by Staff Blogger | August 17th, 2020

There are few experiences in life as difficult and traumatic as losing a loved one. The loss can be even more difficult to deal with if the deceased was a primary income-earner for your household. In addition to not having them to depend on for emotional support, you also lose their financial support.

If you recently lost a loved one due to someone else’s actions resulting in a preventable accident, injury, or illness, you may be eligible to file a wrongful death claim. These claims work like personal injury claims, but they are designed to compensate the victim’s surviving loved ones. These claims can help families recoup money for medical bills and funeral costs, as well as replace lost income now and in the years to come.

At Lowell Stanley Injury Lawyers, we know that it can be difficult to move forward with a legal or insurance claim when you’re grieving the loss of a loved one. It’s especially difficult when you face obstacles or opposition to getting the money you’re owed. That’s where we come in.

Our Virginia wrongful death lawyers work hard to help grieving families get maximum compensation for the expenses they face after the loss of their loved ones, and we do so in a manner that’s sensitive to their needs and the situation they’re facing. You have enough to worry about—let us handle the back and forth with the insurance company and the at-fault party.

Contact us today for a free consultation and to find out how we can put our decades of experience to work for your family during this difficult time.

What Scenarios Can Lead to Wrongful Death Claims?

by Staff Blogger | May 11th, 2020

At Lowell Stanley Injury Lawyers, our legal team works hard to help injured victims and their loved ones get compensation after accidents. But what happens when those accidents result in someone’s death?

The surviving family members of a person who died in a preventable, fatal accident that was caused by another person’s or party’s negligence can file a wrongful death claim to recover compensation for things like medical bills, lost wages, pain and suffering, and loss of companionship. There are many types of accidents and mistakes that can result in valid wrongful death claims, including:

  • Car accidents—When drivers break the law, whether it’s by speeding, texting while driving, or driving under the influence, they put others in danger. And when their negligence causes a fatal crash, they should be held liable.
  • Medical malpractice—Doctors, surgeons, anesthesiologists, and other healthcare providers are responsible for ensuring their patients are safe and avoid complications. When they fail to do so, they can be considered accountable for injuries, illnesses, and even deaths.
  • Nursing home abuse—Nursing home residents are among the most vulnerable members of society. Many are at risk of deadly falls or sudden downturns in their health that can turn fatal. It’s up to nursing home staff members to provide the care, medical treatment, and supervision necessary to reduce their risks.

These are just a few examples of the types of situations that can result in wrongful death claims. If you lost a loved one and you believe it was due to someone else’s carelessness or mistake, you may be eligible for compensation. Contact our Virginia wrongful death attorneys today for a free consultation.

President Says “Slow-Rolling” Drug Shortage Problem Must be Fixed

by los | October 31st, 2011

October 31, 2011

With drug shortages being blamed for price gouging and patient deaths across the country, President Barack Obama is calling for the Food and Drug Administration (FDA) to take steps toward solving the problem. According to MSNBC, those steps include broadening reporting of potential drug shortages, accelerating the review of applications for manufacturing changes on drugs shortages, and getting the Justice Department information on cases of collusion and instances of price gouging.

The President argued that the “slow-rolling” problem must be fixed now by saying, “We can’t wait for action on the Hill, we’ve got to go ahead and move forward.”

Reports show there are more than 200 medications on a list of scarcely stocked items in the United States. That is a nearly 300 percent increase from the mere 56 listed in 2006. While the FDA has managed to ward off 137 shortages in the last 21 months, lack of vital medications and supplies are being linked to hundreds of deaths across the country. For instance, the Alabama Department of Health is being blamed for nine deaths and ten others being harmed after contamination through feeding tubes where sterile premix was not available.

The deaths are made even more difficult by the fact that the drugs are available, but at ridiculously marked up prices through “gray market” distributors.

The Virginia Medical Malpractice Attorneys with Lowell “The Hammer” Stanley want you to contact us if you have been caused harm because a certain medication you needed was not available.

City of Norfolk Blamed in Sanitation Worker’s Death

by los | October 11th, 2011

October 11, 2011

The Virginia Department of Labor and Industry has cited the city of Norfolk for 19 serious safety violations following the death of a garbage truck worker in February.

The 51-year-old man was crushed to death by the hydraulic system inside his garbage truck on February 3. According to HamptonRoads.com, city officials initially said the worker violated policy by climbing into the back of the truck to clear debris away from a blade.

However, the state agency found that the man was only doing what he’d been trained to do. They also concluded that the safety mechanism that may have saved his life was not functional.

“Employees are instructed to enter the compactor area of the Heil Formula 7000 trucks to clear debris when the blade stops due to the limit switch tripping,” the report states.

The victim’s daughter said that her family hasn’t been notified about the state’s investigation into her father’s death, but she said she’d checked with other sanitation workers to confirm that her father had followed policy by getting into the back of his truck.

“[My father] would not have done that unless he was told to do it,” said the daughter. “He was very conscious of safety issues.”

Read more.

If you or someone you know has been the victim of a Virginia wrongful death, the injury lawyers at Lowell Stanley can help.

Logging Worker Dies in Job Site Accident in Scottsville

by los | July 14th, 2011

July 14, 2011

A worker died in an accident that occurred Wednesday, July 13, while he was on the job at Tapscott Brothers Logging near Scottsville, Virginia–about 70 miles west of Richmond.

According to The Daily Progress, the 56-year-old victim was pinned between a forklift and another piece of machinery.

Lieutenant Aaron C. Hurd of the Fluvanna County Sheriff’s Office said the man was declared dead at the scene of the accident at Rolling Road South in Fluvanna County.

Rescue officials from both Fluvanna County and Scottsville arrived to help, as did several deputies.

Officials said that an autopsy will be conducted on Monday, July 18, because the man died in a work-related accident.

According to TimberLine Magazine, Tapscott Brothers Logging was founded in 1983.

Read more.

Do you think all job site deaths need to be thoroughly investigated for the potential of faulty equipment or negligence?

If you or someone you know has been the victim of a Virginia wrongful death, the injury lawyers at Lowell Stanley can help.

2 People Die in Separate Hotel Balcony Falls in Virginia Beach

by los | June 21st, 2011

June 21, 2011

A 33-year-old man from Cincinnati, Ohio, died Sunday night after falling from a balcony at the Virginia Beach, Virginia, Oceanfront hotel where he was staying. His death follows the death of a toddler who, just two days earlier, also died after falling from an Oceanfront hotel balcony in Virginia Beach.

Just after 9 p.m., the man fell from a ninth-floor balcony at the Four Sails hotel at the 3300 block of Atlantic Avenue and was pronounced dead at the scene. He was staying at the hotel with his wife and three children.

Police spokesman Adam Bernstein told WTKR that foul play was not suspected in the death and that it hasn’t yet been determined whether the man jumped or fell from the balcony. He also told WAYTV that alcohol is “definitely a factor in this case.”

This death follows a similar Virginia Beach tragedy. On Friday, a two-year-old girl from Staunton, Virginia, fell five stories through the balcony railing at the Sandcastle Oceanfront Resort in Virginia Beach. The toddler slipped through a six-inch gap between the bars of the balcony railing and hit a canvas awning before landing on a patio outside a restaurant. She died the following morning at Norfolk General Hospital.

Newsleader.com reports that state building codes updated in 2009 state that balconies should allow no more than four inches between bars on a railing but that because this hotel was built in the ’60s it didn’t have to adhere to those codes.

Read more.

Do you think this death could have been prevented had the hotel balconies been designed differently? Do you think a hotel should be held liable if a visitor falls from its balcony?

If you or someone you know has been the victim of a Virginia wrongful death, the Virginia wrongful death lawyers at Lowell Stanley can help.

Woman becomes Virgina wrongful death victim after stabbing

by los | February 24th, 2011

February 24, 2011

A woman became a Virginia wrongful death victim after she was stabbed to death in a conspiracy of capital murder, timesnews.net reports.

Her body was discovered, and three people were arrested and charged with the Virginia wrongful death victim’s murder.

The Virginia wrongful death victim’s body and skeletal remains were found in a creek by law enforcement officials.

Read more.

Do you think crime rates are high in certain parts of Virginia? What could lawmakers do to keep crime rates lower?

If your loved one has become a Virginia wrongful death victim, tell the Virginia wrongful death lawyers at Lowell Stanley.