Although nothing can erase the pain of losing someone you love, compensation can serve as a form of accountability for the at-fault party and give a sense of justice to those left behind. If someone you love was killed in a Virginia Beach accident caused by someone else’s negligence, you could be entitled to file a wrongful death suit.
For families trying to cope with unexpected loss, understanding Virginia’s wrongful death statute is paramount in pursuing justice. Since 1985, the Virginia Beach wrongful death lawyers at Shapiro, Washburn & Sharp have been helping families across the state seek accountability and obtain justice for the untimely and preventable deaths of their loved ones.
We will advise you through every stage of the claims process and fight for maximum damages for you and your family. Call us today to schedule your free case review.
What Is a Wrongful Death Lawsuit?
According to the state’s wrongful death statute, a wrongful death lawsuit is a legal claim that is brought when a family member dies due to “the wrongful act, neglect, or default of any person or corporation.” If the deceased would have been able to pursue a personal injury claim had they survived their injuries, then a wrongful death claim is likely a valid option.
A wrongful death claim is a civil action, which means they are distinct from any criminal proceedings arising from the same incident. While every state recognizes wrongful death claims, each has its own set of laws governing who is eligible to bring a wrongful death claim and the forms of damages to which they may be entitled.
Who Is Eligible to File a Virginia Beach Wrongful Death Claim?
In Virginia, the personal representative of the deceased is the only person able to file a wrongful death lawsuit. Also referred to as an administrator or executor, the personal representative is someone named in the victim’s will or appointed by the court to administer their estate in the event of their death.
It is worth mentioning that, in cases of fetal death, the statute is somewhat different. In these cases, Virginia law allows a mother to file a wrongful death claim if her fetus passes away due to negligence, misconduct, or wrongful action.
Remember, these statutes only regulate who is allowed to file a wrongful death claim. They have no bearing on who receives any resulting compensation. Damages obtained via a Virginia wrongful death claim will go to the victim’s statutory beneficiaries. The order of priority is as follows:
- The surviving spouse and children of the deceased
- Grandchildren
- Parents and siblings of the deceased
- Dependent relatives who lived with the deceased
- Other surviving family members with inheritance rights under Virginia’s intestate succession laws
What Damages Are Available in a Virginia Wrongful Death Claim?
The losses that may be recovered by beneficiaries are clearly outlined in Virginia’s wrongful death statute. Although the damages listed here are among the most common in wrongful death cases, a jury or judge can identify additional compensation they consider just and fair. They include:
- Solace, mental distress, and sorrow, which can include companionship, society, guidance, comfort, and the advice and kindly offices of the deceased.
- Loss of the services and income that the victim provided to their heirs.
- The medical bills related to the victim’s injury.
- Appropriate funeral and burial expenses.
- Punitive damages, in the event that the defendant acted wantonly, willfully, or showed a deliberate indifference towards the safety of others.
The total financial compensation that the deceased’s beneficiaries may obtain in a wrongful death claim varies based on the unique facts of each individual case. Elements that can influence the total damages awarded include the victim’s health, age, familial contributions, and earning potential, to name a few.
What Is the Statute of Limitations for a Wrongful Death in Virginia?
Virginia gives aggrieved families a very limited window, two years, during which they may file a wrongful death suit.
In most cases, the clock begins ticking on the day of the victim’s passing. There are, however, a few exemptions. For instance, if the cause of death isn’t readily determined, the deadline to file can be extended to two years from the day the cause of death was discovered. Known as the discovery rule, this anomaly is typically seen in cases involving delayed injuries resulting from medical malpractice, noxious substances, and defective products.
Before you rely on a possible exception to the statute of limitations, it is a good idea to speak to an experienced Virginia Beach wrongful death lawyer. Keep in mind that if the deadline that applies to your case expires, your case will be dismissed, and you will be barred from seeking financial compensation for the death of your family member.
What Are Some Common Legal Challenges in Virginia Wrongful Death Cases?
Where personal injury claims are concerned, Virginia operates under the laws of pure contributory negligence. This means surviving family members will not receive damages if their relative contributed even 1% to the accident that led to their death. If the deceased’s actions contributed even the tiniest bit, their surviving heirs will not be able to recover financial compensation.
This extreme and archaic law makes pursuing Virginia wrongful death cases extremely challenging, especially when you consider the fact that the victim has no voice with which to corroborate their version of events. Our empathetic and skilled Virginia Beach wrongful death lawyers can help you through the legal process and work diligently to collect strong evidence that establishes liability and increases your odds of collecting the financial compensation you and your family deserve.
All We Do Is Injury Law
If you recently lost a loved one due to another person’s recklessness or negligence, you may be uncertain if you have a valid wrongful death claim. At Shapiro, Washburn & Sharp, our trusted Virginia Beach wrongful death lawyers will study the facts of the circumstances surrounding your case, explain your rights, and ensure you understand your legal options in a free case review.
We strive to secure the largest amount of compensation possible for our clients and their families while providing skilled legal representation and personalized support during every phase of the legal process. For example, we recently obtained a $3.5 million settlement for the family of a man whose life was cut short by a truck driver’s negligence.
If you would like to schedule a free case consultation with one of our attorneys, you may call us at (833) 997-1774 or fill out the short contact form on our website. To better serve our clients across Virginia, our offices are located in Virginia Beach, Hampton, Norfolk, and Portsmouth.