What is Wrongful Death?
Wrongful death refers to a death that occurs as a result of another person’s or entity’s negligent or wrongful act.
This can encompass a wide range of situations, including car accidents, medical malpractice, premises liability, and workplace accidents.
In Virginia, wrongful death is considered a civil matter. The surviving family members or dependents of the deceased may be entitled to file a wrongful death lawsuit. When a negligent act causes a death, the law provides a pathway for families to seek justice. The law also provides for financial relief.
Virginia Wrongful Death Lawyers Can Help in Many Ways
Losing a loved one to illness is hard. Losing a loved one because of another’s actions or inaction is significantly more difficult.
Families who have had a loved one murdered, die as a result of a drunk driving accident or lose their lives in the workplace because of poor safety standards have the right to file a wrongful death lawsuit or a claim for death benefits.
If you believe your loved one’s death is a result of negligence or a deliberate act, these are situations where you should contact a personal injury attorney immediately. That is the only way to find out what your rights are. A wrongful death attorney can provide essential support for grieving families. He or she can help you navigate the legal process and secure justice and compensation.
Wrongful death cases are different than personal injury cases in more ways than just the obvious.
In fact, when tragedies lead to wrongful death claims, clients frequently ask us the same questions. Wrongful death claims are similar to a personal injury claim as both are based on the harm caused by the negligent or reckless conduct of another.
“The death of a beloved is an amputation.”
― C.S. Lewis, A Grief Observed
“We bereaved are not alone. We belong to the largest company in all the world–the company of those who have known suffering.”
― Helen Keller, We Bereaved
What good can come out of a wrongful death lawsuit?
No amount of litigation can bring back our loved ones. And some would even say that litigation makes grieving more difficult. But others would say that resolving a wrongful death suit brings closure to a terrible season of life. And that closure can begin healing.
Contacting a Virginia wrongful death lawyer can provide compassionate support while aggressively pursuing compensation, ensuring financial security for families facing the aftermath of such tragic events.
“Give sorrow words; the grief that does not speak knits up the o-er wrought heart and bids it break.”
― William Shakespeare, Macbeth
Speaking out against injustice and correcting it can help a family heal when so many questions remain unanswered. A caring professional can help navigate those legal questions and provide answers.
And we wept that one so lovely should have a life so brief;”
― William Cullen Bryant
We can never answer the metaphysical question of why on this side of eternity. Although some things will always leave us wondering, we can answer questions of who, how, why, and what to our satisfaction.
What types of damages are allowed in a Virginia wrongful death case?
In a personal injury case, you are asking to recover for things like medical expenses, lost wages, physical pain, mental anguish, inconvenience, etc.
But in a wrongful death claim, damages are based on the broken relationship from the perspective of the statutory beneficiary. A Virginia wrongful death lawsuit allows eligible surviving family members to recover various damages. Sometimes those damages include punitive damages in cases of willful or reckless conduct.
These damages are higher or lesser depending on the degree of the relationship between the surviving statutory beneficiary and the deceased loved one.
- Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent;
- Compensation for a reasonably expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent;
- Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death;
- Reasonable funeral expenses; and
- You may recover punitive damages for willful or wanton conduct or such recklessness as evinces a conscious disregard for the safety of others.
Who is entitled to recover against the negligent person?
Virginia has a list of people who it calls “statutory beneficiaries.” These beneficiaries are not necessarily the same people as would inherit under a will or by state law without a will. Rather, the statutory list of people who may recover is as follows:
(i) the surviving spouse, children of the deceased and children of any deceased child of the deceased or
(ii) if there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
(iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or
(iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
(v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200.
Consult a wrongful death lawyer to navigate the complexities of wrongful death claims and protect the rights of the statutory beneficiaries.
My spouse has passed away, so, in a Virginia wrongful death claim, who is the person who files the claim?
The answer is the executor or a personal representative of the estate. This gets tricky because people will colloquially say that the Estate is the party. It is not. The estate is a legal fiction and is not a person, but a collection of property.
Rather, the executor or the personal representative is the proper party. Depending on the size of your loved one’s estate, you may not want to qualify as executor over the entire estate. That requires a lot of work and effort and expense.
On the other hand, there are statutory provisions that allow you to only qualify for the purposes of a wrongful death claim.
In such cases, having experienced wrongful death attorneys can be crucial to navigating the legal complexities and securing the compensation your family deserves.
What to do if you think you have a Virginia wrongful death case?
Don’t try to do it on your own. There are several legal situations where you may be able to handle the legal part without a lawyer, and we’d be the first to tell you that. However, wrongful death cases are not included in that situation.
A Circuit Court judge must approve all wrongful death settlements, and you must ensure everything is in proper form. Make sure that all of these things are done correctly the first time.
You should consult a wrongful death lawyer to navigate the legal process and ensure everything is handled properly.
Give us a call or send us an email. We’d be happy to discuss your case with you at no charge. We will provide you with your strategy to resolve your case. You can decide where you want to go from there.
Wrongful Death Lawsuit Process
The process of filing a wrongful death lawsuit in Virginia typically begins with the appointment of a personal representative of the deceased person’s estate. This representative is responsible for filing the lawsuit on behalf of the statutory beneficiaries.
You must file the lawsuit within the statute of limitations. This is typically two years from the date of the deceased person’s death.
After you file the lawsuit, the parties engage in discovery. That involves the exchange of information and evidence related to the case. This may include depositions, interrogatories, and requests for production of documents.
The parties may also engage in settlement negotiations. These negotiations can result in a resolution of the case without the need for a trial.
If the case does not settle, it will proceed to trial. There, a jury will hear evidence and render a verdict. The verdict may include an award of damages to the plaintiffs. The verdict can include compensation for medical expenses, funeral expenses, lost wages, loss of companionship, pain and suffering, and mental anguish.
Proving Liability in Wrongful Death Cases
To prove liability in a wrongful death case, the plaintiffs must establish that the defendant’s negligent or wrongful act caused the death of the deceased person. This requires showing that the defendant owed a duty of care to the deceased person. You must also show that the defendant breached that duty, and that the breach caused the death.
In Virginia, the plaintiffs may also seek to prove that the defendant engaged in willful or wanton conduct. This may result in an award of punitive damages. You must show that the defendant’s conduct was reckless or intentional. And, that it resulted in the death of the deceased person.
Proving such conduct can significantly impact the outcome of the case, potentially leading to higher compensation for the plaintiffs.
Wrongful Death Claim Timeline
The timeline for a wrongful death claim in Virginia can vary depending on the specific circumstances of the case. Here is a general outline of the typical steps involved in pursuing a wrongful death claim:
- Appointment of a personal representative: This typically occurs within a few weeks of the deceased person’s death.
- Filing of the lawsuit: This must occur within the statute of limitations, which is typically two years from the date of the deceased person’s death.
- Discovery: This can take several months to a year or more, depending on the complexity of the case.
- Settlement negotiations: These can occur at any time during the discovery process, and may result in a resolution of the case without the need for a trial.
- Trial: If the case does not settle, it will proceed to trial, which can take several days to several weeks.
- Verdict: The jury will render a verdict, which may include an award of damages to the plaintiffs.
It’s worth noting that the timeline for a wrongful death claim can vary significantly. In fact, each case is different depending on the specific circumstances of the case. It’s always best to consult with a qualified Virginia wrongful death attorney to understand the timeline. A lawyer will explain the process involved in a wrongful death claim. A knowledgeable attorney will guide you through each step, ensuring efficient and effective handling of your case.
