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Who Can File a Wrongful Death Claim? Understanding Your Rights After a Tragedy

Who Can File a Wrongful Death Claim? Understanding Your Rights After a TragedyLosing a loved one due to someone else’s negligence is a devastating experience. In Virginia, the law provides a pathway for families to seek justice through wrongful death claims. However, understanding who is eligible to file such a claim and who can benefit from it is crucial. Hilton & Somer, LLC, serving Virginia, Maryland, and Washington, D.C., is here to guide you through this complex legal process.​

Who Can File a Wrongful Death Claim in Virginia?​

In Virginia, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This individual is either appointed by the deceased’s will or, if no will exists, by the court. It’s important to note that the personal representative acts on behalf of the beneficiaries and may not necessarily be one of them. ​

The personal representative must be duly qualified and appointed by a Virginia circuit court to bring a wrongful death action. If the representative is not properly appointed, any legal actions taken can be nullified, potentially jeopardizing the claim. ​

Who Are the Beneficiaries?​

While the personal representative files the claim, the beneficiaries are the individuals entitled to recover damages. Virginia law outlines a specific hierarchy:​

  1. Surviving Spouse and Children: They are the primary beneficiaries. If both exist, the compensation is divided among them, with at least one-third going to the spouse. 
  2. Parents: If there’s no surviving spouse or children, the deceased’s parents may be beneficiaries, especially if they received support from the deceased within 12 months prior to death. ​ 
  3. Siblings and Other Dependents: In the absence of the above, siblings or other relatives who were dependent on the deceased and shared a household may be eligible. ​
  4. Estate Heirs: If none of the above exist, the compensation is distributed according to Virginia’s intestacy laws. 

It’s essential to understand that the distribution of damages is determined by law, not by the deceased’s will. ​

Timeframe for Filing a Claim​

Virginia law mandates that wrongful death claims be filed within two years from the date of death. Failing to meet this deadline can result in the claim being barred. ​

Why Legal Guidance is Crucial​

Navigating the complexities of wrongful death claims requires experienced legal counsel. Hilton & Somer, LLC, with decades of experience in personal injury law, is committed to providing compassionate and effective representation. Our team will ensure that the personal representative is properly appointed and that the rights of all beneficiaries are protected.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-virginia.html

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/

Spring Break Car Accidents: What to Do If You’re Injured in a Crash

Spring Break Car Accidents What to Do If You're Injured in a CrashAs the weather warms up and schools let out for spring break, thousands of drivers hit the highways for road trips and beach vacations. Unfortunately, with heavier traffic, distracted drivers, and increased alcohol use, this season also sees a spike in car accidents. In fact, Virginia reported 6,979 alcohol-related crashes in 2023 alone, a nearly 7% increase from the previous year (source).

If you’re injured in a car accident while traveling out of state for spring break, it can be overwhelming to figure out what to do next — especially when dealing with unfamiliar laws and insurance processes. Here’s a practical guide to help you protect your health, your rights, and your claim.

Call 911 and Stay Safe

First, make sure you and your passengers are safe. Move to the side of the road if possible and call 911 to report the accident. In Virginia, it’s legally required to report any crash involving injury, death, or property damage (source). A police report will be an important document for insurance claims and potential legal action.

Exchange Information and Gather Evidence

Collect the names, contact information, driver’s license numbers, and insurance details of everyone involved. If it’s safe, take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Witness statements can be valuable too — jot down their contact info if you can (source).

Seek Medical Care Right Away

Even if you feel okay, it’s crucial to get checked out by a healthcare professional. Some injuries, like concussions or soft tissue damage, might not show symptoms immediately. Early medical treatment not only protects your health but also creates documentation for your insurance and any future claims (source).

Notify Your Insurance Company

Let your insurance provider know about the accident as soon as possible. Share the facts, but avoid speculating about fault. Most policies have deadlines for reporting accidents and beginning the claims process, so acting quickly is important (source).

Know the Law in the State Where the Accident Happened

Virginia is an “at-fault” state, which means the driver responsible for the accident is liable for damages. But if your accident occurs in a “no-fault” state, your own insurance may cover certain expenses, regardless of who caused the crash (source). Understanding these differences can impact how you file claims and pursue compensation.

Contact an Experienced Personal Injury Attorney

Navigating an out-of-state accident can get complicated quickly. An experienced personal injury attorney can help you understand your rights, handle communications with insurance companies, and secure the compensation you deserve.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://law.lis.virginia.gov/vacodefull/title46.2/chapter3/article11/#:~:text=The%20driver%20of%20any%20vehicle,constitute%20a%20Class%204%20misdemeanor.

https://www.dmv.virginia.gov/sites/default/files/documents/VA-traffic-crash-2023.pdf

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-58/

Outdoor Festivals & Events: Who Pays If You’re Injured?

Outdoor Festivals & Events Who Pays If You’re InjuredAs the weather warms up in Virginia and the D.C. metro area, spring brings an abundance of outdoor events—music festivals, county fairs, art markets, and community block parties. While these events are meant to be fun and relaxing, accidents can and do happen. From tripping over exposed wires near a food vendor to being injured in a crowd surge at a concert, the question becomes: who is liable if you’re hurt at one of these events?

Common Event-Related Injuries

At festivals and fairs, the potential for injury is higher due to large crowds, temporary structures, and occasionally lax oversight. Common incidents include:

  • Slips and falls from uneven ground or spilled beverages 
  • Injuries from collapsing stages or tents 
  • Assaults due to poor security or crowd control 
  • Burns from food vendors or equipment malfunctions

These types of injuries fall under premises liability law, which requires property owners—and in this case, event organizers—to maintain a reasonably safe environment for attendees.

Who Could Be Held Liable?

In Virginia, multiple parties could be responsible for your injuries depending on the circumstances:

  1. Event Organizers or Promoters: These parties are responsible for planning and executing safe events. If they failed to ensure adequate crowd control or did not comply with safety regulations, they could be held liable. 
  2. Vendors and Contractors: If your injury was caused by a vendor’s booth, food truck, or ride, that specific business may be responsible. For example, in Virginia, food vendors must be licensed and follow state health and safety guidelines (VDH). 
  3. Venue Owners: If the event takes place at a permanent location like a park or fairground, the property owner may share liability if hazardous conditions on the premises contributed to your injury. 
  4. Security Companies: If inadequate security or negligence led to injury—such as during a fight or crowd crush—third-party security firms may also be responsible.

    Proving Negligence

To bring a successful personal injury claim, you’ll need to show that the responsible party was negligent. That means proving:

  • They had a duty to provide a safe environment 
  • They breached that duty 
  • Their breach caused your injury 
  • You suffered damages (medical bills, lost wages, pain and suffering)Virginia follows the contributory negligence rule, which means if you are found even 1% at fault for your injury, you may be barred from recovering damages. That’s why it’s crucial to speak with an experienced attorney if you’re hurt at a public event.

What to Do If You’re Injured

  1. Seek medical attention immediately. 
  2. Report the incident to event staff or security. 
  3. Document everything – take photos of the scene and your injuries, and gather witness contact information. 
  4. Speak to a personal injury attorney as soon as possible to explore your options.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://law.lis.virginia.gov/vacode/title5.1/chapter1/section5.1-7.3/

https://safer-america.com/data-study-u-s-music-festival-deaths/

Who’s Responsible If a Dog Attacks You in a Public Park?

Who’s Responsible If a Dog Attacks You in a Public ParkDog attacks in public parks can lead to serious injuries and complex legal questions. Understanding liability in these situations is crucial, especially in Virginia, where specific laws govern dog owner responsibilities and victim compensation.​

Virginia’s “One-Bite” Rule

Unlike some states with strict liability statutes for dog bites, Virginia follows the “one-bite” rule. This means a dog owner may be held liable if they knew or should have known their dog had a propensity for aggression. For instance, if a dog has previously bitten someone or exhibited dangerous behavior, the owner is expected to take precautions to prevent future incidents. Failure to do so can result in liability for any injuries caused. 

Negligence and Leash Laws

Even without prior incidents, a dog owner can be deemed negligent if they violate local leash laws or fail to control their pet appropriately. Allowing a dog to roam off-leash in areas where leashes are required can be considered a breach of duty. If this negligence leads to an attack, the owner may be held responsible for the resulting injuries. ​

Liability in Public Parks

Public parks often have specific regulations regarding dogs, including leash requirements and designated off-leash areas. If an owner disregards these rules and their dog attacks someone, this violation can serve as evidence of negligence. However, in designated off-leash zones, determining liability becomes more complex. Owners are still expected to manage their dogs and prevent aggressive behavior. If an attack occurs due to an owner’s failure to control their dog, they may still be held liable. ​

Seeking Compensation After an Attack

Victims of dog attacks in public parks have the right to seek compensation for their injuries. This can include medical expenses, lost wages, pain and suffering, and emotional distress. To build a strong case, it’s essential to:​

  1. Seek Immediate Medical Attention: Documenting injuries is vital for both health and legal reasons.​ 
  2. Report the Incident: Notify local animal control or park authorities to ensure the incident is officially recorded.​ 
  3. Gather Evidence: Collect contact information from witnesses, take photographs of injuries and the scene, and obtain any available surveillance footage.​ 
  4. Consult a Personal Injury Attorney: An experienced lawyer can navigate Virginia’s dog bite laws, assess the viability of your claim, and advocate on your behalf.​

Challenges in Virginia Dog Bite Cases

Virginia’s contributory negligence rule can complicate dog bite claims. If a victim is found even slightly at fault—for instance, by provoking the dog—they may be barred from recovering compensation. This strict standard underscores the importance of having knowledgeable legal representation to effectively present your case. ​

Dog attacks in public parks can result in severe physical and emotional trauma. Understanding Virginia’s “one-bite” rule, local leash laws, and the nuances of negligence is crucial for victims seeking justice. If you’ve been injured by a dog in a public space, consulting with a personal injury attorney can help you navigate the complexities of your case and pursue the compensation you deserve.​

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://www.dogbitelaw.com/one-bite-state/virginia-dog-bite-law/

https://www.avma.org/advocacy/state-local-issues/community-approach-dog-bite-prevention-abstract

https://law.lis.virginia.gov/vacode/title3.2/chapter65/section3.2-6539/

Landscaping & Outdoor Work Injuries: Can You Get Workers’ Comp?

Landscaping & Outdoor Work Injuries Can You Get Workers’ Comp​Landscaping and outdoor work are integral to Virginia’s aesthetic and environmental appeal. However, these professions come with inherent risks, making it crucial for workers to understand their rights under the Virginia Workers’ Compensation Act. If you’re employed in landscaping or outdoor labor in Virginia, here’s what you need to know about securing workers’ compensation benefits in the event of a work-related injury.​

Common Injuries in Landscaping and Outdoor Work

Landscaping professionals face various hazards, including:​

  • Physical Injuries: Strains from lifting, repetitive motion injuries, and musculoskeletal disorders.​

  • Equipment Accidents: Cuts or amputations from tools like mowers, trimmers, and chainsaws.​

  • Falls: Injuries resulting from working at heights or on uneven terrain.
    ​
  • Chemical Exposure: Reactions to pesticides, fertilizers, and other chemicals.
    ​
  • Environmental Factors: Heat-related illnesses such as heat exhaustion or heat stroke.​Recognizing these risks underscores the importance of workers’ compensation coverage.​

Eligibility for Workers’ Compensation in Virginia

In Virginia, businesses with more than two employees are required to carry workers’ compensation insurance. This includes full-time, part-time, seasonal, and temporary workers. For contractors hiring subcontractors, the subcontractors’ employees count toward the total, potentially necessitating coverage. 

Steps to Take After a Work-Related Injury

  1. Immediate Reporting: Notify your employer about the injury as soon as possible, but no later than 30 days from the accident date. Delaying beyond this period could jeopardize your claim. ​

  2. Seek Medical Attention: Obtain prompt medical care from an authorized healthcare provider. Ensure all treatments and diagnoses are well-documented.​

  3. File a Claim: Submit a claim with the Virginia Workers’ Compensation Commission within two years of the accident. Missing this deadline may result in losing your right to benefits. ​

Benefits Available Under Workers’ Compensation

If your claim is approved, you may be entitled to:​

  • Medical Benefits: Coverage for all necessary medical treatments related to the work injury.​

  • Wage Replacement: If unable to work, you might receive compensation equaling 66 2/3% of your regular wages, subject to state-imposed limits.

  • Permanent Disability Benefits: Compensation for lasting impairments resulting from the injury.​

Challenges in the Claims Process

Navigating the workers’ compensation system can be complex. Employers or insurance carriers might dispute claims, questioning the injury’s severity or its work-related nature. In such cases, consulting with a legal professional experienced in Virginia’s workers’ compensation laws can be invaluable.​

Preventative Measures for Employers and Workers

While workers’ compensation provides a safety net, prevention is paramount. Employers should:​

  • Provide Training: Educate employees on safe equipment use and hazard recognition.​

  • Maintain Equipment: Regularly inspect and service tools and machinery.
    ​
  • Implement Safety Protocols: Establish procedures for working in extreme weather and handling chemicals safely.​

Workers should adhere to safety guidelines, use protective equipment, and report unsafe conditions promptly.​

Landscaping and outdoor work contribute significantly to Virginia’s charm and economy. Understanding and utilizing workers’ compensation benefits ensures that those who beautify our surroundings are protected. If you or someone you know has suffered a work-related injury in this field, taking prompt action and seeking appropriate guidance can make all the difference.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://workcomp.virginia.gov/documents/injured-workers-benefits-guide

https://workcomp.virginia.gov/content/employers

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