Virginia's Wrongful Death Statute Explained

If someone else’s negligence or intentional act is responsible for your loved one’s passing, you may be able to file a wrongful death claim. You can seek money for any losses you or your loved one suffered because of their death through a wrongful death claim. However, securing compensation from the party responsible for your loved one’s death can also be part of the healing process.

The experienced Virginia wrongful death attorneys from Lichtenstein Law Group PLC can be a source of strength for you during this time of terrible loss. Contact us today for a free consultation to learn more about how we can help you.

What Is Virginia’s Wrongful Death Law?

According to Virginia’s wrongful death statute, a “wrongful death” is any death caused by another party’s negligent or intentional action or inaction. To file a claim under this law, the victim must have been able to pursue a personal injury claim for the harm that caused their death had they lived. Wrongful death cases can result from events such as car accidents, medical malpractice, and crimes.

There are differences between a wrongful death lawsuit and a criminal homicide case. In a criminal homicide case, a conviction typically results in jail time, probation, fines paid to the state, or other criminal penalties. To be convicted in a criminal court, the district attorney must prove the defendant is guilty beyond a reasonable doubt.

On the other hand, a wrongful death case is a civil proceeding meant to obtain compensation from the at-fault party for the harm and loss they have caused. Instead of requiring the plaintiff to prove “beyond a reasonable doubt” that the defendant was at fault for the death, the less strict “preponderance of evidence” standard is required. This means the plaintiff must prove that it is more likely than not that the defendant is responsible for the victim’s death. Contact our Roanoke wrongful death lawyer today.

How Do I Know If I Have a Wrongful Death Case?

A wrongful death claim can usually be brought if the victim would have been able to file a personal injury claim had they lived.

A wrongful death case may exist if:

The victim was intentionally killed or killed during the commission of a crime. Even if a person is not held responsible by a criminal court, they can still be held liable in a wrongful death claim.
The victim died because of medical malpractice. If a doctor does not exercise a reasonable degree of care and their patient dies, they can be held liable.
A reckless driver causes an accident that ends the victim’s life.
The victim was killed by negligence while in someone else’s care, such as nursing homes, daycares, schools, and assisted-living arrangements.

If someone died on the job, their claim will be processed through the workers’ compensation system, not a wrongful death claim – unless a third party was at fault for their injuries and death.

What Are Common Causes of Wrongful Death Cases?

There are three main causes of wrongful death claims:

Intentional – Surviving family members can pursue a wrongful death case after a person intentionally does something that results in the death of another person. These acts may include assault, murder, or battery.
Negligence – Wrongful death claims can be filed against individuals whose negligence caused someone’s death. To file a wrongful death claim based on negligence, the plaintiff must show that the defendant acted without the level of care that a reasonable person would have used in the same situation. These cases include car crashes, construction accidents, and defective products.
Medical malpractice – If a doctor or any medical provider fails to perform to the applicable standard of care for their profession, their deceased patient’s family may file a wrongful death claim against them.

However, many different types of personal injury incidents can result in a wrongful death claim.

Some of the most common wrongful death lawsuits include:

Car wrecks
Pedestrian accidents
Motorcycle accidents
Truck accidents
Bicycle accidents
Defective products
Medical and surgical errors
Premises liability
Nursing home neglect
Criminal acts
Drunk driving

Who Can Bring a Virginia Wrongful Death Claim?

According to Virginia law, a wrongful death lawsuit can only be filed by the personal representative of the deceased’s estate. This means that whoever is appointed by the state or in the victim’s will can file a lawsuit.

However, the victim’s spouse, children, stepchildren, parents, siblings, or other relatives may have the right to file a claim with the at-fault party’s insurance company. Often, those who file wrongful death claims are financially dependent on the deceased person’s income.

If there are no survivors who fall into these categories, the parties covered by the victim’s will or whoever would be eligible to inherit under Virginia estate law could file a claim.

How Do I File a Wrongful Death Claim in Virginia?

If you are eligible to file a wrongful death claim because you’re a surviving family member or beneficiary, your first act should be to consult a wrongful death attorney. Your attorney can determine who was at fault for your loved one’s death, gather evidence to support a strong case for compensation, and then file a claim against the at-fault party’s insurance company.

Your lawyer will also assess the value of your claim and make a demand to the insurance company for a fair amount of compensation that covers your family’s losses. The insurance company will make an offer, and negotiations will ensue. If the insurer won’t pay a fair and reasonable amount, your lawyer can file a wrongful death lawsuit to pursue the money you deserve.

What Do I Have to Prove for a Wrongful Death Claim?

There are four key elements of a wrongful death lawsuit:

Duty of care – The plaintiff will need to prove that the defendant owed the victim a duty to be careful not to cause them harm. The defendant should have behaved as another reasonable person would in the same situation.
Breach of duty – They must also prove the defendant breached this duty. For example, a motorist owes a duty of care to others by driving safely and following traffic laws. If a person was driving drunk and caused an accident that resulted in someone else’s death, the driver breached their duty of care.
Causation – The plaintiff must demonstrate that the defendant’s reckless or intentional actions resulted in the death of their loved one.
Losses – The plaintiff must show that the death caused them to suffer financial and intangible losses.

For a successful wrongful death claim, the person filing the claim must have strong evidence supporting the accusation that someone else was responsible for the death. An attorney can collect any relevant evidence and present a solid case on their behalf.

What Compensation Can Be Recovered Through a Wrongful Death Claim?

If a wrongful death lawsuit is successful, the defendant will be required to pay compensation to the victim’s estate or survivors for losses associated with the death.

In Virginia, wrongful death claim damages may include compensation for:

Mental anguish and sorrow
The value of the victim’s income, including wages they would have earned if they were alive
Loss of the victim’s companionship, advice, or guidance
Loss of the victim’s protection, services, care, or assistance
Medical bills related to the victim’s final injury or illness
Burial and funeral costs

In some cases where the death is caused by intentional recklessness showing a conscious disregard for others’ safety, the court may choose to award punitive damages. These damages are not meant to compensate the deceased’s family or beneficiaries for their loss. Instead, they are punishment for the defendant and are intended to deter them and others from similar behavior in the future.

How Are Damages Calculated?

The compensation obtained in wrongful death settlements varies widely. The amount of the compensation depends on many factors, including the circumstances of the death and the effect it has on surviving family members. Some of these factors include:

The victim’s income, including benefits
Medical costs accumulated before the victim’s death
The victim’s contributions to the family
Emotional harm suffered by those filing the claim
Whether the victim had children and their ages
The victim’s health when they were alive
The circumstances of the wrongful death
The costs of the victim’s funeral and burial
Whether they had a spouse

Compensation awarded will also depend on the defendant and their access to financial resources. Lawsuits against larger companies, such as major corporations and other large businesses, tend to result in more significant rewards because they have enough financial resources to cover the full extent of the losses suffered by the deceased’s beneficiaries and heirs. A lawsuit against someone with limited resources would likely result in a settlement that doesn’t cover all the losses the surviving family suffered.

Age will also be a factor. If a person is young, the portion of the settlement or award meant to compensate for their lifetime of lost income will be significantly larger than it would have been if the person had already retired.

There are a lot of factors that go into determining the value of a wrongful death claim. An experienced lawyer can gather evidence of your losses, calculate how much your family may be owed, and demand maximum compensation for what you have suffered.

How Is Wrongful Death Compensation Distributed?

In a wrongful death case in Virginia, the verdict should outline how much each beneficiary will get. A jury may decide how the compensation will be distributed. If the jury cannot agree, the judge will determine how much each beneficiary receives. They may hear additional evidence about how that distribution should be made to decide.

The money will be paid to the estate through the personal representative, who will disburse the funds. Any attorney’s fees and costs will be paid first, and then the hospital, medical, and funeral expenses. The personal representative will also pay any of the victim’s outstanding debts and liabilities. After that, they will pay the money to the beneficiaries or surviving family members as directed by the court and Virginia law.

Wrongful Death Compensation will usually go to the victim’s surviving:

Spouse and children (or grandchildren if the child is also deceased)
Parents, siblings, or any other dependent household family members if there is no surviving spouse, children, or grandchildren
Family members who will receive the victim’s estate under Virginia law if there are no other qualifying beneficiaries

If the at-fault party’s insurance company and the deceased’s family reach a settlement, the agreed-upon amount can be paid either as a structured settlement or a one-time lump sum. A structured settlement allows for ongoing, regular payments to the survivors over several months or years so they have a regular income. This may be a better option for family members who depended on their loved one for financial support.

What Is the Statute of Limitations for a Wrongful Death Claim in Virginia?

Representatives of a deceased person’s estate have two years to file a wrongful death lawsuit in Virginia. The time limit starts on the date of the victim’s death, not the incident that caused their injuries. If a wrongful death lawsuit is filed after this deadline, the court will typically dismiss it.

What Steps Should a Family Take After Losing a Loved One?

Losing a loved one is horrible and can make it difficult to think clearly. However, to protect yourself and your family, there are steps you should take as soon as you can after your loved one has died.

First, find the will and hire a Virginia wrongful death attorney. The last thing you should be worried about right now is untangling court processes and procedures. Turn everything over to your lawyer and spend time with your family while your lawyer handles your wrongful death claim.

A number of tasks must be done to prepare for filing a wrongful death lawsuit, including:

File the will with the probate court – The courthouse of the county where the deceased lived must verify that the will is valid and there is a personal representative. If not, the court will appoint one.
Investigate the death – An investigation into the circumstances of the death must be launched to determine the identity of those who are liable for the death. An attorney will typically do this investigation with the help of some experts.
Notify the responsible parties – Once the responsible parties are identified, an attorney will notify them of the claim.

How Can a Virginia Wrongful Death Lawyer Help?

When you hire an attorney to file a wrongful death lawsuit, they can take on these things for you:

Understanding the law – Filing a wrongful death claim can be stressful and confusing if you don’t know the law. An attorney will have extensive experience filing and handling such cases.
Fighting for the full value of your claim – Following the death of your loved one, the responsible party’s insurance company may contact you. They may offer you a settlement, but remember that the insurance company only has its interests in mind. The insurer may try to offer you the lowest amount possible for the death of your loved one. A qualified lawyer can communicate with the insurance company on your behalf and prevent you from accepting an unfair amount.
Representing you in court – Many wrongful death claims are settled through negotiation. If negotiation does not work, a skilled attorney can take your case to trial to pursue the compensation you deserve.
Saving you time and money – You may be tempted to file your claim on your own because you think hiring an attorney will be too expensive. This is common, but in reality, an attorney can help you seek the maximum compensation for your claim. An attorney can also do the heavy lifting for you and save you a significant amount of labor and time.

Most importantly, hiring an attorney allows you to focus on healing. As you recover from the death of your loved one, the last thing you will probably want to do is make phone calls, fill out paperwork, or handle court proceedings. When you hire an attorney to fight for you, you can focus your energy on recovery and taking care of your family.

How Long Can a Wrongful Death Case Take?

While a simple car accident claim might be settled in just a few months, it can take many months or years for a case as complex as a wrongful death claim. It may take longer if the defendant denies being responsible for the death of your loved one.

Depending on the circumstances of the case, an attorney may need to review cell phone records, personnel records, medical records, toxicology reports, surveillance videos, and driving records to get information that can support your claim. They will also need to assess the value of your claim, which might require engaging expert witnesses to testify about the cause of the accident or the financial losses that will result from the deceased’s passing.

Often, a family relies on the victim’s income to make ends meet. Accepting a settlement from the insurance company early on may be tempting. In most cases, accepting this compensation will not be in your best interest. Insurance companies usually offer grieving family members lowball amounts to quickly close the case and prevent bad publicity. The family may not know how much they are really entitled to and assume the settlement amount they’re offered is fair. It can be years before they realize the settlement doesn’t fully cover their expenses. By taking the time with a wrongful death lawyer now to pursue the full amount you are owed, you can ensure you’re seeking the maximum amount of compensation that covers everything you and your family have lost.

Contact a Virginia Wrongful Death Lawyer

If your loved one died because of someone else’s wrongdoing, you have legal options. You may be able to file a wrongful death claim and seek compensation for the loss of your loved one and their economic and emotional support. You may also be able to demand compensation for your grief and suffering. You shouldn’t have to shoulder the cost of your loved one’s death when someone else is responsible.

Here at Lichtenstein Law Group PLC, we know how to handle Virginia wrongful death claims and lawsuits efficiently and compassionately. We understand your grief and will remain by your side throughout the entire case. Our firm has nearly 100 years of combined legal experience and a history of collecting millions of dollars for our clients. We’re ready to put our knowledge and resources to work for you. Contact Lichtenstein Law Group PLC today for a free consultation to learn more.