The unexpected death of a loved one caused by someone else’s negligence or wrongdoing is a tragedy that leaves emotional and financial devastation in its wake. In Virginia, wrongful death laws allow surviving family members to seek compensation and accountability when a preventable death occurs. These laws ensure families have a path forward after losing someone due to reckless or careless actions.
Who Can File a Wrongful Death Claim in Virginia?
In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This individual is typically named in the will or appointed by the court. However, the claim is filed on behalf of the statutory beneficiaries, which include:
- The surviving spouse
- Children or grandchildren
- Parents or siblings, depending on the family structure and dependency
- Any other relative who relied on the deceased for support
Only one wrongful death claim may be filed, but multiple family members may be eligible to receive compensation.
What Is Considered a Wrongful Death?
Under Virginia law, a wrongful death occurs when someone dies as the result of another person’s negligence, recklessness, or intentional misconduct. Common examples include:
- Car or truck crashes
- Medical malpractice
- Unsafe property conditions
- Defective consumer products
- Criminal assaults
- Workplace accidents
If the deceased would have been able to file a personal injury lawsuit had they survived, a wrongful death claim is likely permitted.
What Damages Are Recoverable?
Surviving family members may be able to recover compensation for losses such as:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of income and expected financial support
- Loss of companionship, guidance, and care
- Mental anguish and emotional suffering
- Value of lost household services
In cases involving willful or wanton conduct, the court may also award punitive damages to punish the wrongdoer and prevent similar behavior.
How Long Do You Have to File?
The statute of limitations for wrongful death lawsuits in Virginia is two years from the date of the person’s death. If the claim is not filed within this time, the court may dismiss the case permanently, even if it is otherwise valid.
It’s best to consult with a wrongful death attorney as early as possible to preserve your rights and gather important evidence.
Wrongful Death From Car Accidents in Virginia
Motor vehicle accidents are a leading cause of wrongful death in Virginia. If your loved one was killed in a crash caused by a negligent driver—such as someone texting while driving, speeding, or driving under the influence—you may have the right to file a wrongful death lawsuit.
Virginia follows a pure contributory negligence rule. If the deceased is found even 1% at fault for the accident, your family may be barred from recovering damages. This makes it crucial to gather strong evidence and legal support.
Workplace Accidents and Wrongful Death
If the death happened on the job, workers’ compensation death benefits may be available through the employer. These can help cover funeral costs and partial wage replacement. However, if a third party (such as a subcontractor or equipment manufacturer) contributed to the fatal accident, your family may also file a wrongful death claim against that party.
Frequently Asked Questions About Wrongful Death in Virginia
Can multiple family members share in a wrongful death settlement?
Yes. While the personal representative files the claim, the court can distribute any settlement or jury award among eligible family members, depending on the level of dependency and relationship.
Is wrongful death the same as manslaughter?
No. Wrongful death is a civil claim that seeks financial compensation, while manslaughter is a criminal charge handled by the state. Both can arise from the same incident, but they are separate legal actions.
What if there is no will?
If the deceased did not have a will, the court will appoint an administrator to serve as the estate’s personal representative and file the claim on behalf of the family.
What types of evidence are helpful in a wrongful death case?
Evidence may include police reports, eyewitness statements, accident reconstruction, medical records, financial documents, and testimony from experts. A lawyer can help gather and organize this information to support your case.
Talk to a Virginia Wrongful Death Lawyer
If your family has lost someone because of another person’s careless or intentional actions, you may have legal options. A Virginia wrongful death attorney can explain your rights and help you seek justice and compensation. Contact a lawyer today to schedule a free consultation and learn what steps to take next.