Wrongful Death

When an individual starts looking for a personal injury lawyer in Virginia, they are often doing so shortly after one of the worst days of their lives. This is doubly true when a parent is looking for legal advice after the death of a child. Virginia, like many states, has a cause of action for wrongful death.[1] This statutory cause of action allows for a personal representative of a deceased individual to bring suit on behalf of the deceased individual’s “statutory beneficiaries.” This statute did leave some questions, however, that were in need of interpretation. For instance, what if a fetus […]

Most of us have signed liability waiver forms before participating in certain activities. We encounter these forms in various circumstances and more often where companies engage in dangerous or high-risk activities. The following industries are more likely to require customers/visitors to sign liability waiver forms prior to engaging in the offered activities: Musical performances/concerts Zoos Athletic events Amusement parks Health and fitness clubs Wall climbing entities Sporting events School field trips Trampoline parks Outdoor park activities/adventures Water parks A liability waiver form may also be referred to as a release, waiver, release agreement, or disclaimer, among other things. When you […]

Virginia’s interstates are hotspots for motor vehicle and tractor-trailer collisions. Far too often, these crashes result in catastrophic injury or wrongful death. Presumably, this can be blamed on the speed, congestion, and large number of commercial motor vehicles associated with interstates. Many of our personal injury cases arise out of motor vehicle or tractor-trailer crashes on Virginia’s interstates. As shown below, there are many Interstates in Virginia: I-64, I-66, I-77, I-81, I-85, I-95, I-195, I-264, I-295, I-381, I-395, I-464, I-495, I-564, I-581, and I-664. [1] Interstate 81 The largest portion of our firm’s interstate cases come from Interstate 81. This […]

Article co-written by Jared Tuck and Summer Associate Peyton Edwards I. The Dangers of Motorcycle Accidents Motorcycle crashes rarely have a mild impact. This is especially true in motorcycle collisions that involve tractor-trailers. The average motorcycle weighs between 300 and 500 pounds. Meanwhile, federal regulations generally allow a tractor-trailer to weigh up to 80,000 pounds. That is 160 times heavier than a motorcycle. While motorcycle accidents only make up 1.7 percent of all crashes in Virginia, they are responsible for 13.8 percent of all fatalities. Crashes involving passenger vehicles make up 96.8 percent of all crashes, yet only account for […]

Article co-written by Jared Tuck and Summer Associate Emily Brooks Whether spending time at Smith Mountain Lake, Claytor Lake, South Holston Lake, Lake Anna, Buggs Island Lake, Lake Gaston, or another one of Virginia’s waterways, summer is the perfect time to enjoy a day on the lake with family and friends. While enjoying time on the water can be fun and relaxing, the increased number of boats on the water during the summer means a greater chance that you or a family member could be injured in a boating accident. In 2023, 3,844 boating incidents were reported, with 564 recorded […]

If You Are a Victim of a Plane Crash If you or a loved one are the victim of a plane crash, it is crucial that you know and understand the following information to improve your chances of obtaining a successful outcome and hold those responsible accountable for your losses. Potentially responsible parties are extremely challenging to identify. They may include the pilot, airplane owner, charter operator, fueler, mechanics, and manufacturers to name a few. Plane crashes often involve the most catastrophic polytrauma-type injuries – meaning they frequently involve brain injuries, loss of limbs, orthopedic injuries, tendon and muscle injuries, […]

Gentry Locke has a long history of associating with other attorneys. Don’t be surprised if/when you call the attorney that represented you in traffic court, drafted your will, or represents your business suggests that he associate Gentry Locke. Over the years, our firm has worked with other law firms who don’t typically handle personal injury cases. Gentry Locke has always associated with other lawyers and law firms in Virginia to give the highest level of service. We often partner with other lawyers in cases involving brain injuries, car accidents, catastrophic injuries, distracted driving accidents, medical malpractice, motorcycle accidents, nursing home […]

Our firm is often asked whether it is necessary to have an autopsy performed on your family member if he or she passes away, and you suspect that medical malpractice was the cause of your loved one’s death. The short answer is, that it is not a legal requirement in Virginia; however, wrongful death attorneys will agree that it is highly recommended. A wrongful death claim based upon medical malpractice is a claim that is brought when a family member dies as a result of the negligence of a healthcare provider. To have a meritorious medical malpractice action in Virginia, […]

In Virginia, a wrongful death lawsuit is a lawsuit brought by the personal representative of the decedent’s estate to recover damages for the circumstances causing the decedent’s death.[1] A Virginia wrongful death case can arise from various circumstances: a truck driver’s negligence may cause the death of a motorist, a doctor’s medical malpractice may cause the death of a patient, a manufacturer’s defective product may cause the death of its user, etc. Even intentional acts, such as murder, can give rise to a wrongful death case. It is important for the personal representative and the surviving family members to consult […]