Wrongful Death Lawyer Virginia Beach

Everything was going along normally in your life, and then the unthinkable happened—you lost a loved one because of someone else’s negligence.

It’s hard enough to deal with the loss of someone close to you without the added burden of knowing their death could have been prevented. If you are facing this kind of devastating situation, you may wonder how you’re going to manage now, financially, and how you’re going to get your family through.

Our Virginia Beach wrongful death attorneys can help. At Shapiro, Washburn, & Sharp, we understand how much a wrongful death can impact you and your family, both personally and financially. With decades of experience handling these types of claims, we can help guide you through the legal process and help you recover the compensation you and your family deserve. Call us at 833-997-1774 for a free consultation.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action that a surviving family brings against another party that directly or indirectly caused the death through their negligent, reckless, or intentional actions. It’s not the same as a criminal case—families are not law enforcement seeking to hold a party responsible for breaking the law. Instead, the family seeks to recover their losses from the at-fault party.

Examples of wrongful death cases include those arising from car accidents, medical malpractice, workplace accidents, or defective products, in which a person, business, or other entity owed the decedent a duty of care and failed to live up to that responsibility.

If a drunk driver causes a crash, for example, and your loved one dies in that crash, you may decide to file a wrongful death claim against the driver. Similarly, if a surgeon makes a fatal mistake during a surgery that leads to the death of your loved one, again, you may want to pursue a claim against that surgeon, the medical center he or she works for, or both to recover damages.

The goal of a wrongful death claim is to provide financial relief to the surviving family members who have suffered because of the loss of their loved one.

How Does the State of Virginia Handle Wrongful Death Claims?

In Virginia, wrongful death claims are governed by state statute, specifically Virginia Code 8.01-50. This law describes who can file a wrongful death lawsuit, what damages they may be able to recover, and how the compensation would be distributed among the surviving family members.

Under Virginia law, only certain family members—known as statutory beneficiaries—are eligible to file a wrongful death claim.

The surviving spouse
Children or grandchildren of the deceased
Parents of the deceased
Siblings or other dependent relatives if no immediate family members exist

The person who files the claim must be the representative of the deceased’s estate. Usually, this person is assigned in the deceased’s will. If not, the person can apply to be appointed the estate’s administrator, after which they must get court approval.

Virginia allows two years from the date of death to file a wrongful death claim. Families who wait too long may not be able to recover compensation.

What Compensation Can I Recover in a Wrongful Death Claim?

All of the damages available in a wrongful death claim are meant to compensate the surviving family members.

Medical Expenses

If the deceased individual received medical treatment before passing away, the family can claim the related costs in a wrongful death claim. This may include hospital bills, surgeries, medications, and any other medical-related expenses related to the accident.

Funeral and Burial Costs

A wrongful death claim can cover the costs of a funeral and burial, as these costs are typically substantial. This can help a family recover financially.

Lost Wages and Financial Support

If the deceased was the primary breadwinner in the family—or if they simply contributed financially—the loss of that income can be significant to the family. A wrongful death claim can include lost income, future earnings, and the value of any benefits the deceased would have provided. Other benefits may include health insurance and retirement contributions.

Loss of Companionship, Guidance, and Comfort

Though the loss of a loved one can be financially devastating, the emotional toll is usually worse. Virginia law allows recovery for:

Loss of companionship (for a spouse)
Loss of partial guidance and advice (for children)
Loss of comfort and care (for dependent family members)

What About Pain and Suffering in a Wrongful Death Case?

In other personal injury cases, the victim can often seek compensation for pain and suffering. In a wrongful death case, however, because the victim is deceased, Virginia law doesn’t allow for these damages. Instead, the law focuses on the losses mentioned above—those for loss of companionship, guidance, advice, comfort, and care.

Families can be compensated for emotional anguish and grief, but they cannot claim damages for the pain and suffering the deceased suffered before passing away. The only exception is if another, separate personal injury lawsuit was filed before death. If that was the case in your family, talk to your wrongful death lawyer about your options.

What Are the Challenges in a Wrongful Death Claim?

You and your family don’t need additional complications after losing a loved one. Wrongful death claims, unfortunately, can sometimes be complex. Some potential issues may include the following.

Disputes Over Liability

The responsible party may say that they were not at fault for the accident or the deceased’s death. They may demand more substantial evidence to prove liability.

Insurance Company Tactics

The insurance company for the at-fault party may attempt to minimize payout to you and your family. Having strong legal representation can improve your odds when working with insurance companies.

Statute of Limitations

Virginia law allows two years from the death of the person to file a wrongful death claim. Missing the filing deadline can result in losing your right to seek compensation. Your wrongful death attorney can help ensure all paperwork is filed on time.

Family Disputes

During a wrongful death claim, disputes may arise among the family members regarding compensation—mainly, who should receive it and how it should be distributed.

How Can a Wrongful Death Attorney Help?

To make the process of filing a wrongful death claim easier—and to take the stress off you and your family—contact us at Shapiro, Washburn, & Sharp today. We are dedicated to providing compassionate legal support while aggressively fighting for your rights.

We will thoroughly investigate the circumstances surrounding your loved one’s death, gather crucial evidence, negotiate with the insurance companies as needed, and, if necessary, represent you in court. We can also provide guidance on how damages will be distributed among family members.

A wrongful death claim can’t replace the one you lost, but it can help you and your family recover financially while holding the responsible party accountable. A young Navy serviceman was operating his motorcycle in Virginia Beach when he was hit and killed by a truck driver. Through mediation, we helped negotiate a $1.85 million settlement for his family.

Feel free to locate us in Virginia Beach, Hampton, Portsmouth, Norfolk, and Chesapeake.

What If My Loved One Died Due to Someone Else’s Negligence?