No amount of money can make up for the loss of a loved one, but financial compensation can provide a measure of accountability for surviving family members. If you have lost a loved one due to someone else’s carelessness in Virginia, you may be eligible to file a wrongful death lawsuit.
However, understanding Virginia’s wrongful death statute is crucial in navigating this difficult time. The legal team at Cooper Hurley Injury Lawyers has helped countless families throughout Virginia seek justice for the wrongful death of a loved one. We are standing by to break down the law, explain how it may apply to your case, and inform you of your full rights.
Our Virginia wrongful death lawyers can guide you through each step of the claims process and fight for the full and fair compensation your family deserves. Schedule your free consultation by calling (757) 333-3333 or reaching out online.
KEY TAKEAWAYS
- Virginia law allows estate representatives to seek compensation on behalf of surviving family members if another person’s carelessness caused their loved one’s death.
- Damages available in a Virginia wrongful death claim may include compensation for medical expenses, funeral and burial costs, lost income, and loss of companionship.
- There is a two-year deadline for filing a wrongful death lawsuit in Virginia.
What Is a Wrongful Death Claim?
Under Virginia’s wrongful death statute, a wrongful death lawsuit is a legal action taken when a loved one dies as a result of “the wrongful act, neglect, or default of any person or corporation.” A wrongful death claim is an option when the victim could have sought a personal injury claim themselves had they survived their fatal injuries.
Wrongful death claims are civil actions, meaning they are separate from any related criminal proceedings. Though all states recognize wrongful death claims, the law varies in terms of who can file a claim and what types of damages are available.
Who Can Seek Justice for a Wrongful Death in Virginia?
Only the deceased’s personal representative may file a wrongful death lawsuit in Virginia. Sometimes known as an executor or administrator, a personal representative is a person appointed by a court or the deceased’s will to administer their estate upon their death.
Importantly, the rule is different in wrongful death cases involving a fetal death. If a fetus dies in Virginia due to a wrongful act, neglect, or default, its mother has the right to file a wrongful death claim.
Keep in mind that these rules only govern who can file a wrongful death claim, not who receives the resulting proceeds. In Virginia, damages recovered through a wrongful death claim go to the deceased’s “statutory beneficiaries.” In order of priority, they may include:
- Surviving spouse and children.
- Surviving children of any deceased child of the deceased (i.e., grandchildren).
- Surviving parents and siblings.
- Any dependent relative who lived with the deceased.
- Any surviving family member who has inheritance rights under Virginia’s intestate succession laws.
What Damages Can Be Recovered in Virginia Wrongful Death Cases?
Virginia’s wrongful death law specifies the damages beneficiaries may recover in a wrongful death claim. While the categories listed below are the most common types of wrongful death damages, the presiding judge or jury may recognize additional damages they consider “fair and just”:
- Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
- Loss of income and services the deceased provided to their beneficiaries.
- Medical expenses the deceased incurred due to the fatal injury.
- Reasonable funeral expenses.
- Punitive damages if the defendant’s actions were willful, wanton, or showed a conscious disregard for the safety of others.
The total amount of damages that beneficiaries may receive in a wrongful death claim varies depending on the specific circumstances of each case. Factors that may affect the amount awarded include the deceased’s age, earning potential, contributions to their family, and more.
Understanding the Statute of Limitations for Wrongful Death in Virginia
There is a limited amount of time to file a wrongful death lawsuit in Virginia. The state sets a two-year statute of limitations for filing wrongful death cases.
The two-year countdown usually begins on the date of death. However, exemptions may apply. For example, if the cause of death is not immediately apparent, the filing deadline may be extended to two years from the date the cause of death was or could reasonably have been discovered. Sometimes known as this “discovery rule,” this exception often comes into play in cases involving latent injuries caused by defective products, toxic substances, and medical malpractice.
It is wise to consult with a skilled Virginia wrongful death attorney before relying on potential exceptions. Remember, if you miss the correct deadline, you will most likely lose your right to seek compensation for your loved one’s death.
Legal Challenges in Wrongful Death Cases
Virginia has a pure contributory negligence rule for personal injury claims, including those involving wrongful death. That means you can only receive compensation if your loved one did not contribute to the underlying cause of their death. If your loved one’s actions contributed even slightly, you will be unable to recover damages.
This harsh rule makes pursuing a wrongful death case in Virginia challenging, especially since victims of wrongful deaths cannot substantiate their side of the story. That’s where our experienced and compassionate wrongful death lawyers come in. We can help gather strong evidence to prove the defendant’s liability and strengthen your odds of recovering full and fair compensation.
Wrongful Death FAQs
It’s understandable to have lots of questions when considering a wrongful death claim. Here are some questions our legal team commonly receives from clients handling the legal and emotional aftermath of a wrongful death.
Any “wrongful act, neglect, or default of any person or corporation” that results in a person’s death can create grounds for a wrongful death claim. Common wrongful death scenarios include car accidents, truck accidents, pedestrian accidents, and slip and fall accidents. However, the list of scenarios that may give rise to this kind of claim is endless. If you believe you have a case, do not hesitate to reach out as soon as possible.
Wrongful death claims are civil actions, which require that plaintiffs prove their case by a “preponderance of the evidence.” This means you need to show it is more likely than not that the defendant is liable for your loved one’s death. Evidence that may help meet this burden of proof includes police reports, witness testimony, photos, videos, medical records, expert opinions, and much more.
Yes. Virginia defendants can be held jointly and severally liable, meaning multiple parties can be held responsible for the same death.
Yes. Though wrongful death defendants often face criminal charges, this is not always the case. Criminal charges are not necessary to pursue a civil wrongful death claim.
Trust the Team at Cooper Hurley Injury Lawyers
The individualized guidance of a compassionate, experienced wrongful death attorney can make all the difference in the world after losing a loved one. The award-winning team at Cooper Hurley Injury Lawyers has recovered millions of dollars in settlements and verdicts for families just like yours, including a $1.5 million settlement for the family of a father killed by a delivery truck.
With over 120 years of combined experience and a specialized focus on personal injury law, we’re uniquely qualified to represent you and your family after the loss of a loved one. Schedule your free consultation by calling (757) 333-3333 or reaching out online to begin your journey toward justice and accountability.
