Virginia follows a two-year statute of limitations from the death of a person to either settle or sue in court. However, there is an important exception to the two years, and that has to do with the fact that a personal representative has to be appointed to represent a person in a wrongful death case. Depending upon when the personal representative gets appointed, that two-year statute of limitations may be extended. A wrongful death lawyer from our firm can help determine what the time limit is in your situation.

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 Types of Cases Result in Wrongful Death Claims?

Virginia law allows survivors of victims whose death was caused by the negligent or reckless actions of another party or parties to pursue financial compensation. Some of the more common types of wrongful death lawsuit cases are:

  • Death as a result of a careless driver
  • Death as a result of a dangerous product
  • Death as a result of a defective product
  • Death as a result of a drunk driver
  • Death as a result of a premises liability accident
  • Death as a result of a work-related injury or illness
  • Death as a result of medical malpractice

Who Can File a Wrongful Death Lawsuit?

In Virginia, the following survivors can file a wrongful death lawsuit:

  • Spouses and children have first right
  • Grandchildren, if their parent is deceased
  • Parents of the victim
  • Siblings of the victim
  • Any family member in the victim’s household who was dependent on him or her
  • If none of the above apply, then the next of kin under Virginia’s intestacy laws

What Type of Losses Can the Victim’s Family Be Compensated For?

Damages for wrongful death claims include funeral and burial expenses, loss of future income the victim would have provided for their family, loss of future benefits the victim would have provided for their family, loss of companionship, loss of love, loss of guidance, loss of service, and emotional anguish.

The family or representative from the victim’s estate can also bring a second type of action against the at-fault party, referred to as a survival action. This is separate from the wrongful death claim, as are the damages pursued. Basically, the damages awarded in this action are the same as those the victim could have pursued had they survived the action, such as medical expenses and pain and suffering.

How Do I File a Wrongful Death Lawsuit?

The first thing you should do is contact a personal injury lawyer who is experienced in wrongful death claims. These types of actions can be complex, and you want to ensure the attorney handling your case is well-versed in this area of law. It is particularly important that your attorney determines the statute of limitations for filing the claim because once that period has ended, so too has your chance for damages.

Your personal injury lawyer will determine all responsible parties and file the lawsuit. Once all parties have been notified, there is usually a period of negotiations during which your attorney and the at-fault party’s attorneys try to come up with a fair and just settlement offer. Your wrongful death attorney will not make any decision without discussing it with you and your family first.

If no settlement can be reached, the lawsuit will proceed to trial. Both sides will present their case to a judge and jury. The jury will then decide if the party or parties named in the lawsuit are responsible for the victim’s death, and if they are, then how much the victim’s family should be awarded.

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.