Wrongful Death Lawyer Virginia Beach
It happens more than we’d like to imagine—families are left devastated by the loss of a loved one due to the negligence of another person. At Shapiro, Washburn, & Sharp, we know that grief doesn’t follow legal timelines. But in Virginia, the statute of limitations on a wrongful death claim is typically only two years. Even if you’ve gone beyond that deadline, however, call our Virginia Beach wrongful death attorneys today at 833-997-1774 for a free consultation. We may be able to help.
What Is a Statute of Limitations?
You can think of a statute of limitations as a legal deadline. This is the amount of time you have to file a legal claim after the occurrence of some event. You may also think of it as an expiration date. After the deadline passes, in most cases, you can no longer file a claim or seek compensation for that injury or death.
The law has statutes of limitations for many reasons, including that it protects fairness. Over time, evidence may disappear, and people’s memories fade. Filing a lawsuit after many years can be unfair to the other party, who may no longer have access to important documents or find witnesses who can recall the event.
The statute of limitations also encourages people to file their claim promptly. This helps ensure that cases are based on fresh evidence and current facts, leading to more accurate and fair outcomes. Without time limits, people could be under the constant threat of being sued for things that happened long ago.
Certain deadlines also keep the court system moving efficiently, allowing legal professionals to focus on recent and relevant disputes.
In Virginia, the statute of limitations for wrongful death cases is two years from the date of death. This deadline is usually strict, but in some rare situations, the statute of limitations may be extended.
What Are the Exceptions to Virginia’s Wrongful Death Statute of Limitations?
Two years is the standard amount of time allowed in Virginia to file a wrongful death claim. In most cases, you won’t be able to avoid this, so it’s always best to proceed as if two years is the time limit. There are, however, some exceptions to the general rule. Remember that these are rare and can be hard to prove.
Estate Representative Exception
When a family loses a loved one to wrongful death, they must appoint a legal estate representative to file a legal claim. Only this representative can file a wrongful death case in Virginia. Sometimes, families don’t realize they need to appoint this person or simply don’t get around to it right away. If there is a delay in appointing this representative, the statute of limitations may be extended slightly based on the date of qualification.
Minor Beneficiary Exception
If the person entitled to bring the claim is a minor, the statute of limitations may not begin until that person reaches the legal age of 18. In Virginia, if no adult files the claim on behalf of the minor, the deadline may be paused (referred to legally as “tolled”) until the minor turns 18 years of age.
Fraud Extension
If the negligent party actively concealed their negligence, it may be possible to extend the statute of limitations based on fraudulent concealment.
Who Can File a Wrongful Death Claim?
Only the personal representative of the deceased person’s estate can file a wrongful death claim or lawsuit. That may be a spouse, adult child, parent, or someone else that the court appoints as such. Virginia law determines who is eligible for compensation based on their relationship to the deceased and other factors.
If there is a surviving spouse and children, they typically share in the damages. If there are no spouses or children, parents or other family members may be eligible for compensation. It all depends on the specific case and its particulars, so it’s best to consult with your attorney.
How Can a Wrongful Death Attorney Help?
When you contact us at Shapiro, Washburn, & Sharp, we will immediately investigate your case to determine whether the statute of limitations has expired or if you still have time to file. If it has been more than two years since the person’s death, we will examine whether any exceptions to the statute of limitations may apply, verifying whether any fraud occurred or if a representative has been appointed.
Most importantly, we will get right on the case and do everything we can to help protect your rights, as we did for our client, who was hit and killed by a speeding police officer while crossing the highway. We helped negotiate a $2 million settlement in favor of the estate.
We serve clients throughout Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, Chesapeake, and Kitty Hawk, North Carolina.