Virginia Wrongful Death Lawyer

Under Virginia law, a wrongful death is one caused by an act of negligence, carelessness, intentional action, or criminal intention. The negligent party might be an individual or an entity (e.g., a corporation creating a defective product).

The Commonwealth of Virginia sets a statute of limitations of two years for wrongful death cases, beginning on the day the victim’s death occurred. It is important to speak to a knowledgeable and experienced attorney because there may be exceptions to this time-limit rule. For example, when it comes to a child victim, the statute of limitations may be different. Medical malpractice cases also may have an alternative process and timeline.

If a person suffers a fatality because of the misconduct or negligence of another, the family members or survivors may sue for wrongful death. A wrongful death lawsuit seeks compensation for the survivors’ losses. Some types of losses may include loss of companionship, lost wages, and funeral expenses, among others.

Common causes of wrongful death in Virginia include motor vehicle accidents, bicycle accidents, pedestrian accidents, watercraft accidents, workplace accidents, medical malpractice, defective products, toxic torts, nursing home abuse, and criminal behavior.

A wrongful death claim is typically filed by the personal representative of the decedent’s estate, either appointed by a will or by the Commonwealth on behalf of the beneficiaries. Parties financially dependent upon the deceased can also file, including the surviving spouse, children, grandchildren, siblings, and other relatives. This includes relatives through adoption.

A successfully proven Virginia wrongful death claim must demonstrate these four elements:

• Duty: The defendant had a responsible duty to act with reasonable care and was negligent
• Breach of duty: The defendant did not act in good faith, leading to the death of the victim
• Causation: The negligent action must be directly linked to the cause of the wrongful death
• Damages: The plaintiff must show “measurable damages” were directly caused by the death of the victim and the victim’s family suffered substantial loss.

To prove wrongful death, the following types of evidence can be submitted to demonstrate negligence involving recklessness or an intentional act occurred.

• Medical records, including diagnostic tests and prescriptions
• Photos and video of the accident scene
• Eyewitness testimony
• Autopsy report
• Official accident reports
• Expert witness testimony
• Documentation of financial expenses

When selecting an attorney to represent your wrongful death case, you should identify a compassionate Virginia law firm that cares about your well-being and understands your pain. Other qualities should be strong communicative skills, integrity, and show of character.

You should also look for experience, a proven track record, and a strong knowledge of Virginia law. Insurance companies will almost always protect themselves and do not make surviving family members a priority. A good Virginia wrongful death attorney will know exactly how to deal with them.

Every case is different, so it is difficult to cite a specific amount for which a wrongful death claim would be compensated, either for economic damages or non-economic damages. A compensation amount will depend upon the circumstances of the case.

• Medical expenses
• Funeral and burial costs
• Loss of victim’s earnings and benefits
• General damages
• Pain and suffering
• Mental anguish and grief
• Loss of care and/or companionship to survivors (known as “loss of consortium”)
• Punitive damages

Virginia law stipulates the damages survivors seek must be “fair and just.” Punitive damages are a little different in that a plaintiff must prove the act causing their loved one’s death was so reckless it resulted in “a conscious disregard for the safety of others.”