Wrongful Death Lawsuit Damages: What You Need to Know

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 Damages Are Recoverable in a Virginia Wrongful Death Case?

In Virginia, the damages that can be recovered in a wrongful death case are typically limited to specific categories, which are primarily intended to compensate the surviving beneficiaries. The key forms of recoverable damages in Virginia include:

Medical Expenses

This includes any medical bills the decedent incurred as a result of the injury or incident that led to their death. For example, if the decedent was hospitalized or required surgery before passing away, the medical expenses related to those treatments are recoverable.

Funeral and Burial Expenses

The cost of the decedent’s funeral and burial is also recoverable in Virginia wrongful death cases. This can include expenses such as funeral services, caskets, cremation, and burial plots.

Loss of Income

Surviving beneficiaries can recover compensation for the reasonably expected loss of income that the decedent would have earned had they lived. This is particularly important when the decedent was the primary breadwinner or had dependents who relied on their income. This can include lost wages or other forms of financial support the decedent provided to their family.

Compensation for Loss of Support and Services

This is especially relevant in cases where the decedent was the primary caregiver or played a significant role in managing household responsibilities. Survivors, particularly children or spouses, can recover damages for the loss of those services and emotional support.

What Types of Damages Cannot Be Recovered in a Virginia Wrongful Death Case?

Virginia law imposes certain limitations on what can be recovered in a wrongful death lawsuit. One of the most notable exclusions is the inability to recover for the pain and suffering of the decedent. This is a significant difference compared to many other states, where the decedent’s pain and suffering before death can be part of the damages claimed.

In Virginia, the pain and suffering of the decedent due to the negligence that led to their death cannot be recovered by the surviving beneficiaries. This means that even though the decedent may have endured physical or emotional pain before passing away, those damages cannot be included in the lawsuit.

Other non-economic damages, such as grief, sorrow, or mental anguish, suffered by the surviving family members are not recoverable under Virginia law. Although these emotions are understandable and significant, Virginia’s wrongful death statutes do not allow compensation for the emotional pain experienced by the survivors, unlike some other states that do provide for such damages.

Who Can Be Compensated in a Virginia Wrongful Death Case?

In Virginia, only surviving beneficiaries can receive compensation in a wrongful death case. These beneficiaries typically include the decedent’s spouse, children, and, in some cases, parents. However, the specific eligibility of beneficiaries may depend on the details of the case and the relationship to the decedent.

Wrongful death claims are typically brought by a personal representative of the decedent’s estate. This person may be named in the decedent’s will or appointed by the court if there is no will. The personal representative files the lawsuit on behalf of the beneficiaries, with the ultimate goal of securing compensation for their loss.

For example, if a minor child relied heavily on the decedent for financial support, that child would be entitled to compensation for the loss of expected income, even if the decedent was not employed at the time of death. The calculation of this loss can include projected future earnings, taking into account the decedent’s age, career prospects, and contributions to the household.

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

Virginia law has a statute of limitations that sets a time limit on how long survivors have to file a wrongful death lawsuit. In most cases, the lawsuit must be filed within two years from the date of the decedent’s death. If the lawsuit is not filed within this time frame, the court may dismiss the case, and the surviving beneficiaries will lose the opportunity to seek compensation.

It is important for survivors to consult with a wrongful death attorney as soon as possible to ensure they meet the filing deadline and have the best chance at securing the damages they deserve. A lawyer can help gather evidence, determine the appropriate beneficiaries, and navigate the complex legal process involved in wrongful death cases.

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.