Do You Need a Compassionate and Knowledgeable Wrongful Death Lawyer in Virginia?
You Lost a Loved One Due to Someone Else’s Negligence. We Cannot Undo That, But A Top-Ranked Wrongful Death Attorney Can Help You Recover Compensation to Further Your Family Member’s Legacy.
You hear a knock on the door.
You open it up and see two people you have never met dressed in police uniforms.
Neither officer smiles.
The one on the left asks, “Are you Elizabeth?”
You nod.
The officer on the right says, “A tractor-trailer struck your husband’s car. Unfortunately, he passed away in the ambulance on the way to the hospital.”
Few experiences, if any, are as gut-wrenching and traumatic as losing a spouse, child, parent, brother, or sister because of careless or reckless decisions made by another person or company.
For many families, this sudden loss of a loved one turns their lives upside down.
No amount of money will bring your loved one back or replace their presence in your life. The grief will last a lifetime.
But when someone else’s negligence causes your loved one’s untimely passing, you owe it to yourself, your family, and the deceased’s memory to speak with an experienced wrongful death attorney in Virginia to discuss your loved one.
A successful wrongful death lawsuit can provide financial support for you and your family as you move to the next stage of your life. In addition, a fair wrongful death settlement or jury verdict can send a message to the negligent party and hold them accountable for their acts or omissions, hopefully preventing them from harming others.
Call now for a free, confidential case evaluation with a Virginia wrongful death lawyer: (804) 251-1620. Or if you prefer email, complete this form.
Based in the state’s center, our Richmond wrongful death attorneys can help you anywhere in the Commonwealth.
Statutory Definition of “Wrongful Death” Under Virginia Law
According to Virginia Code § 8.01-50, the term “wrongful death” is defined as a death “caused by the wrongful act, neglect, or default” of another party. Potential defendants in wrongful death lawsuits include vehicle drivers, property owners in construction site accidents, employers, product manufacturers, and ship owners.
In effect, the circumstances of your loved one’s death must be the kind that would have supported a personal injury action had your loved one survived.
One or more of the “statutory beneficiaries” described below can file a wrongful death action and receive any financial recovery from the legal claim.
Who Can Bring a Wrongful Death Action in Virginia
You can hire a wrongful death attorney and pursue a financial recovery in a wrongful death lawsuit if you qualify as a statutory beneficiary under Virginia Code § 8.01-53.
This statutory provision defines a relative as a person related to the decedent by blood, marriage, or adoption and includes the deceased’s stepchildren.
Eligible individuals include:
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- The first class of statutory beneficiaries in wrongful death lawsuits in Virginia includes the surviving spouse, the deceased’s children, or the deceased’s grandchildren if those grandchildren have lost a parent related to the deceased.
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- If there is no surviving spouse or living children, the deceased’s parents, siblings, or other relatives who depended on their loved one for financial support and were a member of the same household may bring and prosecute a wrongful death action.
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- The surviving spouse may bring a wrongful death lawsuit if no children or grandchildren survive the deceased.
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- Suppose the decedent passes away with no surviving spouse or parents. In that case, a wrongful death action can be pursued, and any award received by any other relative primarily dependent on the decedent for support or services who was a member of the same household as the decedent.
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- If there are no surviving relatives, a financial recovery secured through a wrongful death action will be distributed by the provisions of Virginia Code § 64.2-200.
In addition, half-brothers and half-sisters fall within the same class as parents of decedents. They may recover damages awarded if the jury or court specifies it. See Wolfe v. Lockhart, 195 Va. 479, 78 S.E.2d 654 (Va. 1953).
The Virginia wrongful death statute also provides that the class and beneficiaries eligible for a wrongful death damages award are fixed when the jury enters a verdict (or the judge in a bench trial).
Who Can Be Designated as a Representative of a Decedent’s Estate in a Virginia Wrongful Death Lawsuit?
When it comes to filing a wrongful death lawsuit in Virginia, an important issue that family members must address is who to designate as the representative of their deceased loved one’s estate.
Virginia has specific laws governing who can serve as a representative in a wrongful death lawsuit. For example, Virginia Code § 8.01-50 (C) requires a wrongful death lawsuit to “be brought by and in the name of the personal representative of such deceased person.”
The Virginia Code later states that the personal representative must be “duly qualified” in Virginia to have standing to bring a wrongful death lawsuit. This means that the prospective representative must be appointed by the appropriate circuit court in Virginia by an Order that formally names the individual as the personal representative of the decedent’s estate for the purpose of bringing a wrongful death action.
According to Virginia Code § 64.2-454, a representative may be appointed in a civil action for personal injury or wrongful death on behalf of the estate if at least 60 days have passed since the decedent’s death and an executor or administrator of the estate has not been appointed under Virginia Code § 64.2-500 or Virginia Code § 64.2-502. A representative appointed pursuant to this section is authorized to pursue legal actions for both personal injury and “death by wrongful act.”
Who Can Distribute a Financial Recovery (Verdict or Settlement) from a Virginia Wrongful Death Lawsuit
When it comes to designating a personal representative in a wrongful death action, a question may arise over who is actually authorized to approve and distribute a damages award recovered through a wrongful death lawsuit.
Under Virginia law, the personal representative (whether a Richmond wrongful death attorney, a spouse, a relative, etc.) does not have sole discretion to distribute the damages recovered. Instead, the amount of recovered losses or restitution in a wrongful death lawsuit (including who gets what portion) must be approved by a judge under a wrongful death settlement. Or, if the wrongful death lawsuit goes to trial because the parties could not agree to a settlement, the judge or jury must specify the monies paid to each beneficiary in a judgment order or verdict form.
If, for any reason, the lawful beneficiaries are unable to agree on the distribution of recovered damages when a negligent party is prepared to pay a settlement, a Virginia judge will determine what interest each beneficiary may have in the financial recovery. So, in effect, the personal representative does not automatically get a say over what lawful beneficiaries will receive in the event of an economic recovery from a wrongful death lawsuit.
Practically speaking, let’s say that my Richmond wrongful death law firm represents the personal representative in a wrongful death case. We convince the negligent party or company to agree to a lump sum settlement. The personal representative must approve the amount of such a settlement of the estate. Then, once the beneficiaries agree, the wrongful death attorney presents the settlement to a judge for approval.
The judge will listen to or read arguments by the parties supporting the settlement and any party that objects to the proposed settlement. Typically, the defendant or their insurance carrier will also offer an argument to support the proposed wrongful death settlement. Then, the judge will decide.
Recoverable Damages in a Richmond Wrongful Death Lawsuit
Under Virginia Code § 8.01-52, a judge or jury in a Virginia wrongful death action can award monetary damages deemed “fair and just.”
The types of damages typically recovered through a wrongful death lawsuit include the following:
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- Funeral and burial expenses;
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- Expenses for the care, treatment, and hospitalization of your loved one following an accident;
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- Harm from the sorrow and mental anguish associated with losing your loved one;
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- Loss of income that was provided by your deceased loved one;
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- Loss of services, protection, care, and assistance provided by your deceased loved one; or
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- Any conscious pain and suffering of the decedent before their passing.
The term “conscious pain and suffering” means there is evidence to show that your loved one was aware of what was happening and experienced pain or fear before their untimely passing. This type of harm often arises in a scenario where the victim “saw it coming” or where a victim suffered a severe bodily injury and remains conscious for some time before ultimately succumbing to their significant injuries.
Conscious pain and suffering can be established by providing evidence that your loved one either communicated or had some awareness of their surroundings before their untimely passing. These are indicators that your loved one was aware of what was happening.
Another method for establishing conscious pain and suffering in a wrongful death action is conducting a thorough review of all medical records. In those records, there may be an EMT report stating that the victim was “in and out of consciousness” and wailed or moaned while being transported to the hospital. Although difficult to think about, these statements are evidence that may be used to substantiate conscious pain and suffering and recover damages to further your loved one’s memory.
The jury may consider your loved one’s pain and suffering in its damages calculation when the weight of the evidence tips to your loved one having some level of consciousness at the accent scene.
The addition of this item to a wrongful death award is significant. In many instances, the damages associated with conscious pain and suffering may be larger than a verdict based on the deceased victim feeling no pain or passing away instantaneously as a result of the accident.
Depending on the facts and circumstances of your loved one’s death, it may be possible to pursue punitive damages. Virginia Code § 8.01-52 says so.
For example, suppose your loved one died in an automobile accident caused by a heavily intoxicated motorist. In that case, you may be able to pursue recovery for punitive damages due to the other motorist’s willful or wanton conduct (e.g., reckless driving).
Wrongful Death Statute of Limitations in Virginia
Virginia Code § 8.01-244 mandates that you file a wrongful death lawsuit must be filed within two years of your loved one’s death. If you miss this deadline, the court will consider the “statute of limitations” expired, and you will miss the opportunity to obtain a financial recovery on your family member’s behalf.
However, there are a few narrow exceptions to the two-year statute of limitations for a Virginia wrongful death lawsuit. For example, there is an exception for when someone is under disability when the statute of limitations expires. There is another exception that may apply if evidence indicates the negligent party actively concealed its negligence. Speaking to an experienced wrongful death lawyer in Richmond can help determine if your case is still within the two-year statutory period, or if a narrow exception may apply.
How a Richmond Wrongful Death Attorney Can Help You
While Virginia law does not force you to hire a Richmond wrongful death attorney, having an experienced and knowledgeable wrongful death lawyer by your side can pay dividends for your legal action and take some of the burden off your shoulders so you can focus on getting through the grieving process.
A skilled Richmond wrongful death lawyer can help by providing objective legal advice and guidance on how to best proceed with your legal action. They can offer insights and perspectives on strategic decisions and any settlement offers. This way, you have peace of mind knowing you are making informed decisions.
A skilled wrongful death lawyer in Richmond will also afford you access to various experts, investigators, economists, and other resources that can strengthen your legal claim. Your wrongful death attorney can also consult with doctors, accident reconstruction specialists, and others who can provide critical insights when proving liability and damages in the context of a wrongful death action.
Have Questions About Your Legal Options? Contact an Experienced Richmond Wrongful Death Lawyer
If you lost a loved one in a preventable accident, our law firm is here to help. We are experienced and highly ranked personal injury and wrongful death lawyers in Virginia. Day in and day out, our team works tirelessly to recover financial restitution for injured workers, accident victims, and relatives who lost a loved one in an accident. We have a track record of getting results for our clients. For example, we have secured over $50 million for our clients in Virginia.
Contact today to schedule a no-cost, confidential case evaluation. You can reach us at (804) 251-1620. We are here to offer honest advice about the steps you can take following the untimely death of a loved one. If you decide to act for your loved one with us at your side, you pay no fees unless and until you win compensation.
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