Virginia Wrongful Death Claims at a Glance
- Two-year deadline. A wrongful death action generally must be filed within two years of the date of death (Va. Code § 8.01-244).
- Filed by the personal representative. The lawsuit is brought by the personal representative of the estate, not by individual family members (Va. Code § 8.01-244).
- Damages go to statutory beneficiaries. Recovery is distributed by class, starting with the surviving spouse, children and grandchildren, and in some cases parents, siblings or dependent household relatives (Va. Code § 8.01-53).
- Families can recover for grief and lost support. Damages may include sorrow and mental anguish, loss of companionship and guidance, lost income and services, medical expenses, funeral costs, and punitive damages for willful or wanton conduct (Va. Code § 8.01-52).
The death of a loved one is always difficult. Grieving the loss of someone you love is hard enough, and when you’re forced to deal with the emotional distress of knowing their death was caused by a preventable accident, it’s almost too much to bear.
When the negligence of an individual or a business results in a loss of life, the law gives the surviving family members of the victim the right to pursue compensation for their loss. At Hilton & Somer, LLC, we help families going through these difficult situations explore the various options available to them for pursuing a wrongful death claim against the responsible parties for a loved one’s fatal injuries. We champion the rights of families in mourning and help spouses, children, parents, siblings, and other next of kin, as statutory beneficiaries, get the justice and closure they deserve. Our attorneys have over 30 years of experience working with grieving clients when serious and catastrophic injuries result in death. We believe that the decedent’s beneficiaries deserve compassionate legal counsel to get them the compensation to which they may be entitled.
Get the Help You Need
Our Virginia, Maryland and Washington, DC wrongful death lawyers know that no Dollar amount can ever begin to compensate for the loss of a loved one and that money is no substitute for a life. Because most wrongful death cases involve a sudden and unexpected accident, family members left behind often have no time to prepare for the loss and in many cases, a household is suddenly left with either one or no wage-earner and children are deprived of a parent. At Hilton and Somer, LLC, our wrongful death attorneys work tirelessly to help our clients handle the practical matters and costs that follow a fatal accident and to obtain the compensation for damages the family and estate are entitled to which may include, but not limited to, medical expenses related to the deceased’s final illness or injury; reasonable funeral and burial expenses; lost wages that the decedent would have earned throughout his or her lifetime; sorrow and mental anguish; loss of the deceased care, comfort, guidance, companionship, society, advice, as well as punitive damages. The purpose of “punitive damages” is not to compensate the estate or family for loss, they are awarded to punish “willful or wanton” bad conduct, or recklessness that shows “a conscious disregard for the safety of others and no family should have to struggle financially because of another party’s careless disregard for the safety of others.Get the Compassionate Care You Deserve
Wrongful death cases are among the most emotionally wrenching cases in personal injury law. In some situations, family members are reluctant to file a claim because they cannot bear the thought of reliving the accident or the loss of their loved one. This is why it is critical to work with lawyers who have a reputation for providing respectful, compassionate representation. At Hilton & Somer, LLC, our Virginia, Maryland and Washington, DC Wrongful Death lawyers pride themselves on offering personalized service and the highest level of attorney/client individual legal counsel relationship to the families we serve. We represent families who have lost loved ones in a variety of accidents, including:
- Auto accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Work-related accidents
- Medical malpractice
- Truck accidents
- Medication mistakes
- Misdiagnosis
- Defective product cases
Hilton & Somer, LLC: Wrongful Death Attorneys
If you have lost a loved one in an accident caused by someone else’s negligence, help is available. Call the Wrongful Death Attorneys at Hilton & Somer, LLC to speak to a compassionate attorney today. Our lawyers who are located in our Fairfax office, practice in Virginia, Maryland, and Washington, D.C. Call us today to receive your free consultation. You can reach us through our online contact form, or by calling 703-560-0700.Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Virginia Wrongful Death FAQ
How long do you have to file a wrongful death lawsuit in Virginia?
In most cases, a Virginia wrongful death action must be filed within two years of the date of death. Some situations change the timing, such as when the injured person had a claim pending before death, so it is important to speak with an attorney as soon as possible.
Who can file a wrongful death claim in Virginia?
Only the personal representative of the deceased person’s estate can bring the lawsuit. The recovery is then distributed to the statutory beneficiaries, such as the surviving spouse, children and grandchildren, or, if there are none, parents, siblings and dependent relatives.
What damages are available in a Virginia wrongful death case?
Virginia law allows compensation for the family’s sorrow and mental anguish, loss of companionship and guidance, the income and services the deceased would have provided, medical and hospital expenses, reasonable funeral expenses, and punitive damages when the conduct was willful or wanton.
Can a family recover if the deceased was partly at fault?
Virginia follows contributory negligence, which can bar recovery if the deceased is found even slightly at fault. The defense will often raise this argument, which is why a careful investigation of the accident matters in every wrongful death case.
How much does it cost to hire a wrongful death lawyer?
Hilton & Somer handles wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family, and the first consultation is free.
