Virginia Law – Wrongful Death
Wrongful Death claims, and the laws surrounding them, can vary dramatically from state to state. The state of Virginia is no different. If you have lost someone you love and are wondering if you should contact a lawyer to file a wrongful death lawsuit here are some important things you should know.
How long after the death can I file a wrongful death claim in Virginia?
- Virginia law requires wrongful death claims to be filed within two years from the date of the deceased person. If the claim is not filed within that two-year period, it is barred from being heard in Court.
What constitutes a “wrongful death” in Virginia?
- The Code of Virginia § 8.01-50 states that “wrongful death” is a death of a person caused by a “wrongful act, neglect, or default” of another person or entity. An easier way to consider this, is if the person had lived, could they file a lawsuit themselves against the other party for their injuries? If so, it is probably a wrongful death.
Can anyone file a Wrongful Death Claim in Virginia?
- Not just anyone can file a wrongful death claim. Under the Virginia Wrongful Death Statute, a wrongful death claim is brought by and in the name of the Personal Representative of the deceased who is appointed by the Will or by the State. This person could be a statutory beneficiary, i.e., a family member or a dependent of the deceased person. Adding to this, Virginia’s wrongful death law follows a specific order of the family members and dependents that can file. The order goes: spouse, surviving children, then surviving grandchildren. These individuals have the initial right to file the claim.
What would qualify for compensation in a wrongful death case in Virginia?
- The most common damages available in a wrongful death claim are usually pain and suffering which would include, but are not limited to, loss of care, comfort, consortium, support, guidance, love, etc. However, there are also other consequences of the death that would also quality for compensation, such as funeral and burial expenses, lost wages, medical expenses and more. Sometimes, punitive damages can be awarded.
Should you contact a lawyer to discuss a Wrongful Death claim in Virginia?
- If you have lost someone close to you due to the negligence of others, it is extremely important that you contact a trusted and experienced Wrongful Death attorney immediately. They can help you navigate the case and find what legal options you have. Additionally, they will work diligently to get you appropriate compensation for the losses incurred by the death of your loved one.
Hilton & Somer, LLC: Wrongful Death Lawyers serving Virginia, Maryland and Washington, D.C.
Call the experienced Wrongful Death Attorneys at Hilton & Somer, LLC to speak with a compassionate attorney now. Our lawyers, are located in Fairfax, and practice throughout Virginia, Maryland, and Washington, D.C. Schedule your free consultation today. You can reach us through our online contact form, or by calling (703) 560-0700.
References for “Virginia Law – Wrongful Death”:
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-virginia.html
https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/
