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The death of someone we love is never easy, especially when caused by a preventable tragedy. If you are going through this experience, a lawsuit may be the last thing you want to think about. And, at the end of the day, no amount of money can ever truly make up for your loss.
That said, in the interest of justice and accountability, the law provides an avenue for surviving family members to recover compensation for the death of a loved one caused at little to no fault of their own. While you and your family grieve your loss, an experienced wrongful death attorney can work on securing available legal compensation.
At Lichtenstein Law Group, PLLC, we understand how traumatizing the loss of a family member can be. Our compassionate team of attorneys is ready to help you navigate the complex legal process of filing a wrongful death claim. Contact us today for a free consultation. Read on to learn more about wrongful death laws in Virginia.
Death by preventable injury is a serious problem in the United States. In fact, the Centers for Disease Control and Prevention (CDC) ranks unintentional injury as the fourth leading cause of death nationwide. The National Safety Council (NSC) further reports that there were 55.4 million preventable injuries across the country, leading to 200,955 deaths and costing over $1.15 trillion in 2020 alone. The top three causes of preventable deaths in that year broke down as follows:
If you lost a loved one due to a preventable injury caused at little to no fault of their own, you should have your case reviewed by a wrongful death lawyer as soon as possible. The attorneys at Lichtenstein Law Group are ready to help you seek justice and accountability from the at-fault party.
In Virginia, wrongful death is defined as the death of a person “caused by the wrongful act, neglect, or default” of another. In some states, a distinction is drawn between wrongful death and survival actions. Where a wrongful death action seeks to compensate family members for the loss of a loved one, a survival action is brought seeking compensation on behalf of the deceased person’s estate. However, this distinction is not recognized in Virginia.
As discussed in the foregoing section, many states allow surviving family members to file a lawsuit seeking compensation for the loss of a loved one. Not so in Virginia. Instead, only the personal representative — variously known as an executor if appointed by a will or administrator if appointed by a court — may file a claim on behalf of the decedent’s estate.
There exists one exception to this rule. In cases involving the death of an unborn child, the mother may file a claim seeking compensation from the at-fault party.
Of course, no one can truly put a price on a lost life. However, to provide a measure of justice and accountability, the law allows surviving loved ones to recover compensation when a family member is killed at little to no fault of their own. Virginia’s wrongful death statute explains that “compensation for a wrongful death shall include, but may not be limited to, damages for the following:
Though wrongful death actions in Virginia must be filed by the personal representative of the deceased person’s estate, any compensation is awarded to their statutory beneficiaries. In order of priority, they are determined as follows:
Sadly, in many cases, the complexity of these laws may lead to conflict among surviving beneficiaries. To make sure proceeds are distributed correctly, the personal representative of the estate should work closely with an experienced wrongful death attorney.
Yes. In Virginia, a law known as the statute of limitations sets the deadline for filing a wrongful death claim at two years after the date of death. The deadline is strictly enforced, and cases filed after it passes are nearly always dismissed in court. Avoid this result by speaking to a wrongful death attorney as soon as possible after the loss of a loved one. At Lichtenstein Law Group, our knowledgeable wrongful death lawyers are ready to handle your case from start to finish, including by ensuring that the filing deadline is not missed.
If you have lost a loved one to a wrongful death, the law provides an avenue to secure a degree of justice and accountability from the at-fault party. While you and your family grieve your loss, let a wrongful death attorney pursue compensation on behalf of your family. The Charlottesville wrongful death lawyers at Lichtenstein Law Group are standing by to help. Call us today for a free consultation.
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