The loss of a loved one is never easy; when their death is caused by another person’s negligence or wrongdoing, the loss can be unbearable. Virginia allows a personal representative of a deceased person to bring a wrongful death claim on behalf of certain family members.
At Coletrane & Messersmith, we understand that no amount of money will ever compensate you for the unexpected loss of your loved one. We only hope to bring you a sense of justice and help ease the financial strain that can be caused by the death of a family member.
If your loved one was killed because of another person’s negligence or wrongful act, contact our office to discuss your case with a highly qualified attorney. All consultations are free and confidential.
What Is a Wrongful Death Claim in Virginia?
According to the Code of Virginia Section 8.01-50, the personal representative of a deceased person may bring a wrongful death lawsuit if the person’s death was caused by the “wrongful act, neglect, or default” of another person, corporation, or party. A wrongful death lawsuit will only survive if it would have supported a claim based on personal injury had the decedent survived.
Our wrongful death lawyers understand how difficult this time can be. We are here to provide you the compassionate, dedicated representation you need. We are zealous advocates for our clients, always putting their interests first and working to get them the most significant recovery possible after the unimaginable loss of a loved one.
Who Can File a Wrongful Death Lawsuit in Virginia?
Virginia law only allows the personal representative of a decedent to bring a claim for damages based on wrongful death. A personal representative must be over the age of 18 and be appointed by the court. A personal representative named in a Will may be referred to as an executor, or it may also be the administrator of a decedent’s estate.
In cases where there is a fetal death caused by wrongful act, neglect, or default of another person or corporation, the wrongful death claim may be brought by and in the name of the natural mother. Under Virginia statute, the woman carrying the child is considered the natural mother.
Who Can Recover in a Wrongful Death Claim?
Not all loved ones will be able to recover damages in a wrongful death lawsuit. Section 8.01 -53 of the Code of Virginia specifies who may receive compensation from a wrongful death claim brought in the Commonwealth.
The following people may recover damages in a wrongful death lawsuit:
- Surviving spouse;
- Children and grandchildren;
- Surviving parents and siblings;
- Any relative who shared a household with the deceased and is a dependent; and
- Any surviving family member who is entitled to inherit under Virginia law.
Damages are distributed according to the classes defined by statute. For instance, if the decedent had no surviving spouse, children, or grandchildren, the right to receive compensation would fall to the decedent’s surviving parents, siblings, or dependents. If you believe that you have a right to benefit under Virginia’s wrongful death statute, contact our office immediately.
What Are the Most Common Causes of Wrongful Death Claims?
While any death caused by another person’s wrongful act, neglect, or default may give rise to a wrongful death claim. There are several common causes that may allow a bereaved family member to receive compensation.
Cases that may result in a valid wrongful death lawsuit include:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Motorcycle accidents
- Product liability
- Slip and fall accidents
- Truck accidents
- Boating accidents
If your loved one was killed because of another person’s negligence or wrongdoing, contact our office for a free wrongful death case evaluation. Our wrongful death lawyers proudly serve families throughout coastal Virginia, including Hampton and the surrounding communities.
Types of Damages Recoverable in a Wrongful Death Case
- Economic Damages: Compensation for financial losses resulting from the death, including medical bills, funeral and burial expenses, lost income, and loss of benefits.
- Loss of Support and Services: Recovery for the financial support and household services the deceased would have provided.
- Loss of Companionship and Guidance: Compensation for emotional loss, including guidance, care, comfort, and companionship.
- Pain and Suffering: In some cases, damages may be awarded for the deceased’s suffering prior to death.
- Punitive Damages: Additional damages intended to punish the responsible party for particularly reckless or intentional conduct.
The Virginia Statute of Limitations for Wrongful Death
In Virginia, wrongful death claims generally must be filed within two years from the date of your loved one’s passing. While this timeframe is strict, there are exceptions and extensions that may allow a claim to move forward even if the deadline is approaching or has passed. It’s important not to lose hope, as an experienced attorney can evaluate your case and determine whether any exceptions apply. Some common exceptions and circumstances that may extend or alter the statute of limitations include:
- Minor or incapacitated heirs: The limitation period may be extended if the claimant is a minor or legally incapacitated.
- Fraud or concealment: If the responsible party attempted to hide wrongdoing or key facts, the statute may be tolled.
- Discovery rule: In certain situations, the clock may start from the date the injury or wrongful death could reasonably have been discovered.
- Defendant absent from the state: If the person or entity responsible for the death was outside Virginia, the time limit may be extended.
Even if time feels like it’s running out, consulting a knowledgeable wrongful death attorney can discuss all your legal options and start the claim for you.
Steps to Take After the Wrongful Death of a Loved One
- Obtain a death certificate: This essential document is required for legal filings, insurance claims, and financial matters.
- Reach out to an experienced wrongful death attorney: A lawyer can guide you through the process, explain your rights, and help you avoid mistakes that could jeopardize your case.
- Gather important documents and evidence: Collect medical records, accident reports, witness statements, and any other information that could support your claim.
- Identify who may be responsible: Working with your attorney, determine which parties may be legally liable for your loved one’s death.
- Keep records of financial losses: Document medical bills, funeral expenses, lost income, and other costs to ensure full compensation is possible.
- Communicate carefully with insurers and third parties: Your attorney can help handle these interactions to avoid statements that could unintentionally hurt your case.
- Take care of your emotional well-being: Seek support from counselors, support groups, or trusted friends while managing the legal process.
- Act within legal deadlines: Filing your wrongful death claim on time is critical; your attorney will ensure all deadlines are met so your rights are preserved.
How a Newport News Wrongful Death Attorney Can Help
At Coletrane & Messersmith, our attorneys understand both the emotional and practical difficulties families encounter after a wrongful death. We are here to provide guidance, support, and skilled legal advocacy to help you navigate the process and protect your family’s rights.
Our wrongful death attorneys handle every aspect of your case, from filing legal documents to gathering critical evidence and identifying those responsible for your loved one’s death. We communicate with insurance companies, calculate the full scope of damages, and fight to secure the compensation your family deserves, whether through negotiation or in court. By managing these complex legal steps, our attorneys allow you to focus on healing while ensuring that your family receives compensation for medical expenses, funeral costs, lost income, and the emotional loss of your loved one. With Coletrane & Messersmith, you have experienced advocates by your side every step of the way.
Contact Our Office to Discuss Your Case
Contact Coletrane & Messersmith today at (757) 223-4455. Let us help ease the financial hardship created by the unexpected loss of a family member. We know that no amount of money can ever replace your loved one. Our legal team can help get you the money you need to cover funeral costs, loss of the decedent’s income, mental anguish, and in some cases, punitive damages.
FAQs About Wrongful Death Lawsuits
What evidence is needed for a wrongful death claim?
Important evidence may include medical records, accident reports, witness statements, financial records, and any documentation of the deceased’s earnings or contributions to the household.
Can I file a claim if my loved one’s death was partially my fault?
Virginia follows a modified contributory negligence rule, which may affect your claim if you contributed to the circumstances of the death. An attorney can review your situation and advise on your options.
What if the responsible party has no insurance or assets?
Even if the at-fault party lacks insurance, an attorney can explore other avenues for recovery, including pursuing claims against multiple liable parties or through other insurance policies.
How long does a wrongful death case take to resolve?
Every case is different. Some claims settle within months, while others, especially those requiring litigation, may take longer. Your attorney will provide guidance and regular updates throughout the process.
Do I need to go to court for a wrongful death claim?
Many wrongful death cases settle through negotiation with insurance companies, but some require litigation. Our attorneys will evaluate your case and determine the best approach to achieve fair compensation for your family.
Can I still file a wrongful death claim if the death was a long time ago?
Even if the two-year statute of limitations is nearly up or has passed, there may be exceptions that allow your claim to proceed. An experienced attorney can review your case and determine whether any extensions apply.
What should I do immediately after the wrongful death of a loved one?
Start by obtaining the death certificate, preserving any evidence, and contacting a wrongful death attorney. Documenting financial losses and gathering relevant records early helps protect your case and ensures your family can pursue full compensation.
