Who Can File a Wrongful Death Claim 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.

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, family members who are eligible to file a wrongful death claim are typically those closest to the deceased person. According to Virginia law, the personal representative of the deceased person’s estate must file the lawsuit. This representative is usually the individual appointed by the court to manage the estate, such as an executor named in a will or an administrator appointed by the court if there is no will.

Although the personal representative files the claim, the proceeds of the lawsuit are distributed to surviving family members, such as the deceased person’s spouse, children, or parents. The personal representative can also be a family member, but they must have the legal authority to act on behalf of the estate.

Can a Surviving Spouse File a Wrongful Death Claim?

Yes, a surviving spouse can file a wrongful death claim, but they must do so through the personal representative of the deceased’s estate. In Virginia, the surviving spouse is one of the primary beneficiaries who can receive compensation from the wrongful death lawsuit. The surviving spouse may be entitled to damages such as compensation for lost companionship, pain and suffering, and financial support. However, the surviving spouse must wait for the personal representative to file the lawsuit, even if they are the one seeking compensation. The personal representative will then ensure that the proceeds are properly distributed among the eligible family members, including the spouse.

Can Children of the Deceased File a Wrongful Death Claim in Virginia?

Yes, children of the deceased can be beneficiaries of a wrongful death claim in Virginia, but like the spouse, they must rely on the personal representative to file the claim. In Virginia, both minor and adult children can receive compensation through a wrongful death lawsuit, depending on the circumstances of the case. Children may be entitled to damages for loss of love, affection, and financial support from the deceased parent.

If there is no surviving spouse, children may be the primary beneficiaries of the wrongful death award. The court will determine the fair distribution of the compensation, taking into account the nature of the relationship with the deceased and other relevant factors.

Can Parents or Siblings File a Wrongful Death Claim?

Parents and siblings may file a wrongful death claim if there is no surviving spouse or children. In this case, the parents of the deceased would be the primary beneficiaries, and the personal representative would be responsible for filing the claim. If the deceased person had no spouse, children, or parents, then other close family members, such as siblings, may be eligible to receive compensation, although this is less common.

In general, the court will prioritize the deceased person’s immediate family members, and the distribution of any recovery will depend on the surviving family members’ relationship with the deceased and the details of the case.

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.