Wrongful Death Lawyer

Virgin Islands Wrongful Death Attorneys

Filing a Wrongful Death Lawsuit

In life, nothing is more difficult than the sudden loss of a loved one. Sadly, many people pass away due to tragic accidents and catastrophic events they have no control over. All too often, these incidents occur because of the careless, reckless, or negligent conduct of others. When this is the case, surviving family members and loved ones can seek justice by taking legal action.

At Fischer Redavid PLLC, we know that nothing can ever make up for your loss. However, a successful wrongful death lawsuit allows you to recover critical monetary resources to aid with unexpected costs and other hardships associated with your loved one’s death. Our Virgin Islands wrongful death attorneys can help you navigate the legal process, all while protecting your rights and providing the compassionate, personalized representation you need during this incredibly difficult time.

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You can get in touch with us via our online contact form or by calling (954) 860-8434

What Is Considered a “Wrongful Death?”

The law defines a “wrongful death” as “the death of a person… caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” It goes on to specify that a wrongful death action may be brought on behalf of the person who died (known as the decedent) when “the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.” In other words, if the decedent would have had legal grounds to file a personal injury claim had they lived, their death is considered “wrongful.”

Wrongful death claims often arise from the following types of incidents:

Negligence-based acts, such as car and truck accidents
Unsafe property conditions, leading to slip and falls and other accidents
Malpractice, including medical malpractice
Recreational accidents, such as boating accidents
Accidents caused by defective products
Intentional conduct, including assault and other acts of violence

If your loved one passed away after suffering a serious injury or illness, and you believe someone else is to blame, reach out to our team at Fischer Redavid PLLC. We can review your case at no cost and help you understand the next steps.

Who Can File a Wrongful Death Claim?

In the U.S. Virgin Islands, the law states that the personal representative of the decedent’s estate must be the one to file the wrongful death claim. However, though the personal representative must be the one to actually file the claim, they do so on behalf of certain eligible survivors, as well as the estate itself.

Potential beneficiaries include the decedent’s surviving:

Spouse
Children
Parents
Heirs
Dependents

At Fischer Redavid PLLC, we help personal representatives and survivors navigate the Virgin Islands’ wrongful death statute. Our goal is to help you seek the justice you and your family deserve, while simultaneously working to hold the liable party accountable for the tragedy they have caused.

Who Is Liable in a Wrongful Death Lawsuit?

Determining who is liable for a wrongful death can be challenging without the help of a skilled attorney. Depending on the type of case you have, many different parties could be partly or entirely responsible for your ensuing damages.

In negligence-based claims, the person or party who directly or indirectly caused the death is typically the one liable for the survivors’ damages. For example, if someone caused a fatal car accident because they were driving drunk, they would typically be legally responsible for the economic and noneconomic losses experienced by the deceased victim’s surviving family members and loved ones.

In other types of cases, however, the at-fault party may not be the liable party. For example, if a doctor failed to correctly diagnose a patient’s illness, leading to the patient’s death, the hospital or medical facility that employed the doctor could be liable. If someone was killed in an accident resulting from a defective product, the manufacturer could be liable; if a tourist died while on a private boating expedition, the company that owns the boat or employs the crew could be responsible.

It is extremely important that you work with an experienced wrongful death attorney, like those at Fischer Redavid PLLC. Our team can review all available evidence to determine what happened and, most importantly, who is legally responsible for your resulting damages.