Slaughter & Lupton Law
Your Wrongful Death Advocates
Losing a loved one is never easy. But the loss can be even more difficult to handle when someone else's carelessness caused the death of your loved one. When faced with such an emotionally devastating experience, it can be tough to handle dealing with insurance companies and all the legal processes surrounding the death as well.
At Slaughter & Lupton Law, PLLC we understand the overwhelming nature of wrongful death cases. Slaughter and Lupton have significant experience handling wrongful death cases including decades of litigation and courtroom experience. The Slaughter & Lupton Law, PLLC team is here to provide guidance and support, using both our legal expertise and empathy. We will work tirelessly to prosecute the civil wrongful death claim. It is our goal to make sure that you get the right legal advice for your permanent loss.
Here for you when you need it most.
Slaughter & Lupton Law, PLLC is proud to service the following Virginia and North Carolina cities:
Virginia Areas We Serve
- Virginia Beach - To ensure easy access to our services, we have an office on Virginia Beach Blvd. near Newtown Road. Our Virginia Beach office is within 400 feet of the Norfolk city line and is centrally located near the Interstate 64/Interstate 264 interchange.
- Chesapeake
- Newport News
- Norfolk
- Suffolk
- Williamsburg
- Portsmouth
North Carolina Areas We Serve
- Edenton - Located within walking distance of Edenton's Historic District and less than 10 minutes off of Highway 17.
- Elizabeth City
- Greenville
- The Outer Banks
- The Inner Banks
- Currituck
- Ahoskie
Our firm is technologically proficient with comprehensive case management information systems in place to handle many transactions and documents electronically including signing and paralegals who are Virginia and North Carolina e-notaries.
Virginia Beach Location
Edenton Location
Understanding Wrongful Death
A wrongful death lawsuit asserts that an individual's demise was a direct result of the negligence, misconduct, or legal liability of another party, whether it is an individual or business, company or corporation.
Wrongful death laws are established to provide compensation to surviving dependents or beneficiaries who are entitled to financial reparations as a result of the defendant's actions.
Causes of Wrongful Death
It’s important to know. As experienced personal injury attorneys, we want to empower you with knowledge about wrongful death cases.
Here are some just some of types of activities that may involve negligence and wrongful behavior that can lead to a death:
Car Accidents
Truck accidents
Tractor trailer accidents
Drunk driver accidents
Slip and fall and other Premises accidents
Product Defects
Medical Malpractice
Potential Wrongful Death Settlements That Can Be Pursued
We understand that losing a loved one is not just about the financial burden. It can be an emotionally draining experience that no one should ever have to go through.
This is where wrongful death claims can help. These claims aim to provide financial compensation to the family of the deceased which can help ease the burden of unexpected expenses and a lack of income from the deceased.
When is it Necessary to Take Action?
The family members may be entitled to compensation through a wrongful death claim or lawsuit. A successful wrongful death claim can recover damages set out by statute for each state. It's important to note that wrongful death laws vary by state. Both Virginia and North Carolina have specific statutes that determine who are the beneficiaries and what damages can be recovered–even the process determining who can bring the claim or lawsuit (personal representative) and who can recover (the classes of beneficiaries). The personal representative who is authorized by the court to bring the claim or lawsuit may or may not be a beneficiary of any wrongful settlement or judgment.
In North Carolina, an administrator of the estate handles not only the death claim, but all matters of the estate.
What Damages are Recoverable?
For a Wrongful Death in Virginia, the law allows the beneficiaries to recover damages for:
Sorrow
Mental Anguish
Solace, which may include society, companionship, comfort, guidance, “kindly offices”, and advice of the decedent
Expenses for the medical care and treatment, including hospitalization, of the deceased from the injury resulting in their death
Reasonable funeral expenses
If the wrongdoer’s actions were willful and wanton, the beneficiaries may recover punitive
damages to punish the wrongdoer and to set an example for society.
For a Wrongful Death in North Carolina, the law allows the beneficiaries to recover damages for:
- Expenses for the medical care and treatment, including hospitalization, of the deceased from the injury resulting in their death
- Pain and Suffering of the decedent
- Reasonable funeral expenses
- Present monetary value of the decedent to the persons entitled to receive damages recovered, including but not limited to compensation for:
- Net income that the deceased would have but for their death
- Services, protection, care, and assistance of the decedent to the entitled persons
- Society, companionship, comfort, guidance, “kindly offices”, and advice of decedent to entitled persons
If the wrongdoer’s actions rose to a level of willful and wanton conduct and subject to statutory limitations, punitive damages to punish the wrongdoer and to set an example for society.
Don't Miss the Deadline!
If you are contemplating pursuing a wrongful death lawsuit, it's crucial to take swift action. In both Virginia and North Carolina, the deadline for filing a lawsuit for wrongful death is two (2) years from the date of death in most cases, but there is a lot of legal work that must be done before a correct lawsuit can be filed.
Don’t wait until it is too late! To ensure that you don't miss your chance, don't procrastinate – act now!
What Should You Do Now?
Time is of the essence.
Wrongful death claims demand attention to detail and a delicate touch. To avoid weakening your case, it’s crucial to get guidance from an experienced attorney as soon as possible.
Our team at Slaughter & Lupton Law, PLLC can help you navigate this process and gather the necessary evidence.
External Links:
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Commonwealth of Virginia. (n.d.-b). § 64.2-454. Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident. Lobbyist in a Box. https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-454/