WOODBRIDGE, VA WRONGFUL DEATH ATTORNEYS
One of the hardest situations to ever go through is losing a loved one due to the negligence of another person, or a company. There are few things anyone can say to lessen the pain in such a situation. But you can get justice. You can hold the negligent party or parties responsible for their actions (or inactions) that caused your loved one's death. You can engage Blaszkow Legal to fight for you, and to fight for your family. We will fight non-stop to get you and your family the compensation that you deserve.
We recognize that no amount of money can bring your loved one back. But we can help you to get some measure of closure, and accountability.
Attorney Joe Blaszkow and the team at Blaszkow Legal know exactly what the insurance companies are going to use to attack your case. We know how to fight back. Don't try to go it alone, and instead contact an experienced Woodbridge wrongful death attorney today for a free consultation.
Wrongful Death Claims in Prince William County
Wrongful death claims arise when the negligence of a person or party directly leads to a death, that was generally entirely preventable. This negligence can range from intentional actions, to recklessness, to complete in attention and lack of concern. From fatal truck accidents, to car accidents on the Prince William Parkway, we are here to help you and your family.
Blaszkow Legal fights for the families of all those who have been lost in car crashes, truck crashes, pedestrian strikes, slips and falls, and more.
How an Experienced Wrongful Death Lawyer Builds Your Case
In a wrongful death case, we still have the burden of proof. That means that we still have to prove that the other parties were negligent, and that this negligence was the proximate cause of your loved ones death. We do that through an immediate, comprehensive investigation. It is our job to find out what evidence is out there, and then to chase it down.
In any case, obtaining evidence can be a matter of timing. It's extremely important to contact an experienced wrongful death lawyer today, because evidence does not last forever!
One of the most common types of evidence that can be lost is camera footage. Surveillance cameras, dash cameras, perimeter cameras, and Ring doorbell cameras are amazing, but the footage is not saved in perpetuity. Instead, it is saved in a buffer system until that buffer is full, and then it begins to overwrite itself, deleting the earlier footage. This happens on a kind of loop. Some of the best systems will preserve data for 30 days or more. However, lower end systems may only keep the footage for 72 hours, or 3 days! It is vital that we get to work soon as possible after the car accident or other incident that caused your loved ones death, and begin our investigation.
Witness testimony is another excellent form of evidence, but the reality is that people's minds begin to fade. No matter how serious the incident, the more time that passes since it happens, people will begin to forget important details, or their memories may change. We need to reach out and interview witnesses right away, so that we can preserve their testimony through recordings and affidavits.
Filing a Wrongful Death Claim in Woodbridge
Woodbridge is within Prince William County, and in order to pursue a wrongful death action, normally you have to set up a wrongful death estate. An estate is a kind of probate proceeding (before the Prince William Circuit Court, Probate Division). Most people think that probate only means assets such as land and sums of money. That is not the case. A wrongful death estate is a fictional legal entity, just like a corporation. But it allows the pursuit of a wrongful death action, on behalf of the beneficiaries.
During the setup of the estate, sometimes a family member will be appointed as the administrator of the estate (sometimes called a personal representative). However, in other circumstances, it makes sense to appoint a neutral party, such as a retired or uninvolved attorney. This allows the neutral administrator to deal with the specifics of the estate, allowing you and your family the chance to grieve without having to get into the weeds of the case.
Fighting for Your Family's Damages Following a Wrongful Death
Damages that you can claim out of a wrongful death case vary from case to case, and family to family. This can sometimes be difficult for people to understand, because of what some people have seen on the news regarding of the cases. We will sit down with you and explain all of these very complicated legal issues, because no two cases are alike.
In a wrongful death action, there are several items that you can claim:
Pain and suffering and inconvenience
Final medical expenses, such as emergency rooms, ambulance services, Medevac helicopters, etc.
Funeral expenses
Burial costs
Loss of the decedent's income
Solace
Loss of good offices
Out of pocket expenses relating to the death
Fighting for Grieving Woodbridge Families
Blaszkow Legal is based in Alexandria, but we represent clients throughout Northern Virginia. We have fought for Woodbridge families for our entire existence, and have recovered millions of dollars on behalf of our grieving clients. We are one of the highest reviewed law firms in Virginia, and that is because we treat every case individually, and we are not a factory-firm.
When you hire Blaszkow Legal, you hire an experienced team of lawyers, paralegals, investigators, and other staff. You will not simply be a number.
Never Wait to Hire an Attorney!
In the Commonwealth of Virginia, you have two years from the date of your loved ones death to file a wrongful death lawsuit. This is called a statute of limitations. However, you should never wait this long to speak to an attorney, and to get the case started. The longer you wait, easier you make it for the insurance companies to attack your lost loved one, and to attack the case.
Always call a wrongful death lawyer to protect your interests, and the interests of your family. From the moment you sit down with us, you will be represented by experienced and aggressive counsel. We will begin with our investigation, and we will figure out who did what, and who did what wrong. It's our job to fight for the compensation you and your family deserve, but we can do that until you call us.
Negligence and Woodbridge Wrongful Death Claims
A wrongful death claim in Woodbridge is governed by the general principles of tort law in Virginia. This means that we have to prove that the other side was negligent, and that the negligence led to your loved ones death. There are several moving parts here.
We have to prove that the tortfeasor, or at-fault party, owed a duty to your loved one. Such as with a truck accident on I-95, we have to prove that an at-fault truck driver owed a duty to operate his big rig with due regard to other people on the road, including your loved one.
We then have to prove that it was the breach of this duty that caused your loved one's death. Breaching a duty can range from conduct such as recklessness, carelessness, aggressiveness, or inattention.
We also have to prove that you have been impacted (damaged) by your loved one's death.
Who Are The Claimants in a Wrongful Death Case?
Virginia law recognizes certain people who are beneficiaries of a wrongful death estate, or the wrongful death action. Virginia law recognizes numerous people who are these beneficiaries, in order.
Spouse
Children (biological, step-children, and legally adopted children)
Relatives who can prove financial dependence/suffered financial impact from the death
Brothers and sisters, parents, and certain people named in wills or trust documents if applicable
Contributory Negligence in Virginia Wrongful Death Claims
Even in wrongful death claims, insurance companies have a very powerful argument against your loved one's case. This is the rule of contributory negligence. Virginia is one of a few jurisdictions that practices this legal doctrine, and it means that if the person injured - your loved one - was in some way responsible for the happening of the accident or incident, then you as a family cannot recover. This is an extremely high bar, and it is an argument that the insurance companies absolutely love.
It is our job to attack and destroy those arguments, and we do that through immediate investigation into the crash, so that we are armed with all of the facts, and can stop those defenses from ever being raised.
Speak to a Woodbridge Wrongful Death Lawyer Today
Blaszkow Legal is ready to fight for you, and to fight for your family. We know you are grieving, and we know that a lawsuit maybe one of the farthest things from your mind. But come in and talk to us, and let us begin doing the work that we need to do, so that when you are ready, everything is already ready to go. Call a law firm that is going to stay on top of things, keep you in the loop, and treat you with the respect and empathy that you and your family deserve.
Get Justice with Joe, and call Blaszkow Legal today 703-879-5910
Who is Joe Blaszkow?
Joe Blaszkow is the Woodbridge Injury Attorney! He is a graduate of West Virginia University and Georgetown Law, and has been fighting for injured clients for almost 40 years. He has experience fighting for people in every court in Northern Virginia, Maryland, and DC!