How Is a Wrongful Death Case Pursued in Virginia?

If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.

What Is a Wrongful Death Case in Virginia?

A wrongful death case in Virginia is a legal claim that is filed when the negligent, reckless, or intentional actions of another party cause someone’s death. The surviving family members or representatives of the deceased person’s estate can file this type of lawsuit to seek compensation for the losses resulting from the death. In Virginia, wrongful death claims are governed by state laws and general tort principles.

In these cases, the primary legal question is whether the defendant (the party being sued) caused the death through their actions. If the deceased’s death would not have occurred but for the defendant’s wrongful actions, then the court may find in favor of the plaintiffs (the survivors or estate). The lawsuit can seek damages for economic and non-economic losses, such as medical bills, funeral expenses, loss of income, and emotional distress.

Who Can File a Wrongful Death Lawsuit in Virginia?

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This individual is typically appointed by the court and may be named in the decedent’s will or selected based on the state’s laws if there is no will. The personal representative is responsible for handling the legal aspects of the wrongful death case’s and distributing any recovery from the lawsuit to the appropriate beneficiaries.

The beneficiaries who may be entitled to compensation in a wrongful death case include:

• The surviving spouse
• Children (including adopted children)
• Parents (if the decedent was unmarried and had no children)
• Other family members who were financially dependent on the decedent

These beneficiaries are the individuals who can receive the financial recovery from the lawsuit, which may include compensation for medical expenses, lost wages, loss of companionship, and more.

What Are the Grounds for Filing a Wrongful Death Lawsuit in Virginia?

The grounds for a wrongful death case generally fall under the following categories:

• Negligence: This is the most common basis for wrongful death cases. Negligence occurs when someone fails to exercise reasonable care, which leads to harm. Examples include car accidents caused by distracted driving, medical malpractice, or workplace accidents due to unsafe conditions.
• Recklessness: Recklessness refers to a situation where someone acts with disregard for the safety of others. This can include behaviors such as driving under the influence of alcohol or drugs or deliberately ignoring safety protocols.
• Intentional harm: In some cases, a wrongful death can occur due to intentional actions, such as assault or homicide. While these cases may also lead to criminal charges, a wrongful death lawsuit can be filed separately in civil court to seek compensation for the family.
• Defective products: If a defective product causes a person’s death (for example, an automobile malfunction or a hazardous household item), the manufacturer, distributor, or seller may be held liable under product liability laws.

To successfully pursue a wrongful death case, the plaintiff (personal representative) must prove that the defendant’s actions directly caused the death and that the death resulted in harm to the surviving family members.

What Damages Can Be Recovered in a Wrongful Death Case in Virginia?

In a Virginia wrongful death case, the survivors or estate may be entitled to recover economic and non-economic damages. The specific types of damages that can be sought in Virginia include:

• Medical expenses: Compensation for the medical costs incurred before the deceased passed away, such as hospital bills, surgeries, medications, and treatment for injuries sustained in the accident or event that led to death.
• Funeral and burial expenses: The costs associated with funerals, burials, and other end-of-life expenses are recoverable.
• Lost wages and future earnings: If the decedent was employed at the time of death, the family can seek compensation for lost income that would have been earned had the person survived. This can also include future earnings that the deceased would have made if they had continued working.
• Loss of companionship and emotional distress: Family members can seek damages for the emotional suffering caused by the loss of a loved one, including the loss of companionship, care, guidance, and affection.
• Punitive damages: Punitive damages may be awarded in cases involving particularly egregious conduct (e.g., extreme recklessness or intentional harm). These are intended to punish the defendant and deter similar future behavior.

The amount of damages awarded depends on the specific facts of the case, including the extent of the loss and the financial impact on the surviving family members.

How Can Your Personal Injury Law Firm Help?

At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.

Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.