A wrongful death claim may arise when a person dies as a result of another person’s or entity’s wrongful act, neglect, or default. In Virginia, a wrongful death action is brought by the personal representative of the decedent on behalf of the statutory beneficiaries.

Virginia generally requires a wrongful death action to be filed within two years of the decedent’s death. The damages recovered are distributed among eligible beneficiaries according to Virginia law.

No amount of compensation can replace a loved one or undo the grief that follows an unexpected death. A wrongful death claim can, however, provide compensation for certain financial and personal losses recognized under Virginia law.

Causes of Wrongful Death

Losing a loved one can be especially difficult when the death resulted from negligence, misconduct, or another wrongful act.

Some common circumstances that may give rise to a wrongful death claim include:

• Car and truck accidents

• Medical malpractice

• Defective products

• Fatal medical or emergency room errors

• Dangerous or negligent property conditions

• Pedestrian accidents

A wrongful death claim generally requires establishing that the defendant’s wrongful act, neglect, or default caused the death and that the circumstances would have supported a claim by the deceased had the death not occurred.

Compensation in a Wrongful Death Case

Virginia law allows a court or jury to award damages that are fair and just. Depending on the circumstances, recoverable damages may include:

• Sorrow, mental anguish, and solace, including society, companionship, comfort, guidance, and advice provided by the decedent

• Loss of the decedent’s reasonably expected income

• Loss of services, protection, care, and assistance provided by the decedent

• Medical expenses for care, treatment, and hospitalization related to the injury that resulted in death

• Reasonable funeral expenses

• Punitive damages, when permitted for willful or wanton conduct or qualifying reckless conduct

The specific damages available depend on the facts of the case and the evidence supporting the claim.

Who May Receive Compensation?

Virginia law establishes which individuals may be beneficiaries of a wrongful death recovery. Depending on the decedent’s family and circumstances, beneficiaries may include a surviving spouse, children, certain grandchildren, parents, siblings, or other qualifying relatives who were dependent on the decedent for support or services. The statute establishes the order and circumstances in which these beneficiaries may receive a portion of the recovery.

The personal representative receives the recovery and distributes it according to the applicable statutory requirements.

Who May Be Responsible?

A wrongful death claim may arise from the conduct of an individual, corporation, business, medical provider, property owner, or other potentially responsible entity, depending on the circumstances.

Determining who may be legally responsible often requires investigating the circumstances surrounding the death, identifying the applicable legal duties, and gathering evidence showing how the wrongful conduct caused the death.

Time Limit for Filing a Wrongful Death Claim

In Virginia, a wrongful death action generally must be brought by the decedent’s personal representative within two years after the death. Certain circumstances can affect the applicable time limit, so it is important to seek legal advice promptly after a death.

How Raheen Law Group Can Help

Wrongful death cases can involve significant emotional and financial consequences and may require extensive investigation and legal analysis.

At Raheen Law Group, we can help investigate the circumstances surrounding your loved one’s death, identify potentially responsible parties, and pursue the compensation available under Virginia law.