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Wrongful death actions are pursued by the personal representative of the deceased party's estate. If the deceased party has named an Executor under his/her Will, the Executor may bring the wrongful death action. If the deceased party dies intestate (i.e., without a will), the Administrator of the decedent's estate may bring the wrongful death action. If no Executor or Administrator has been appointed, an Administrator is appointed for purposes of pursuing the action. The Virginia wrongful death statute specifies who the beneficiaries are of the wrongful death action. The beneficiaries often include the surviving spouse and children. The statute also specifies the types of damages which may be awarded, including sorrow, mental anguish, and solace, which includes the loss of companionship, comfort, guidance, and advice of the decedent; compensation for reasonably expected loss of income of the decedent and the services, protection, care and assistance which would have been provided by the decedent; expenses for the medical treatment and hospitalization of the decedent incident to the injury which results in death are also included in the statute as are reasonable funeral expenses. Punitive damages may be pursued in certain cases.

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Lichtenstein Law Group PLC
Liberty Trust Building
Suite 400, 101 South Jefferson Street
P.O. Box 601
Roanoke, Virginia 24004-0601
Phone: 540-343-9711
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401 E. Market Street, Suite 105
Charlottesville, VA 22902
Phone: 434-220-3765
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GENERAL OR SPECIFIC CASE RESULTS ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WE UNDERTAKE. EACH CASE DEPENDS ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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