Frequently Asked Questions

What is a wrongful death claim?

Autopsies are not performed following all deaths, and findings from hospital or medical examiner autopsies may need confirmation. Requesting a private postmortem examination allows a person who believes that grounds for filing a wrongful death lawsuit exist to collect essential evidence.

State law authorizes a spouse, adult child, parent, adult sibling, guardian or receiver of the body to request “a postmortem examination and autopsy on a decedent’s body for the purpose of determining the cause of death of the decedent.”

State law places no bans on requests for private autopsies, but any such procedure can only be carried out after a postmortem examination by a medical examiner who works for the Virginia Department of Health.