Wrongful death claims arise when a person dies due to the negligence, recklessness, or intentional actions of another party. Virginia law allows survivors of victims whose death was caused by the negligent or reckless actions of another party or parties to pursue financial compensation.
Some of the more common types of wrongful death lawsuit cases are:
- Death as a result of a careless driver
- Death as a result of a dangerous product
- Death as a result of a defective product
- Death as a result of a drunk driver
- Death as a result of a premises liability accident
- Death as a result of a work-related injury or illness
- Death as a result of medical malpractice
The following is a brief overview of a wrongful death claim. Call our office to speak with a dedicated Virginia Beach wrongful death lawyer for more detailed information regarding your situation.
Who Can File a Wrongful Death Lawsuit?
In Virginia, the following survivors can file a wrongful death lawsuit:
- Spouses and children have the first right
- Grandchildren, if their parent is deceased
- Parents of the victim
- Siblings of the victim
- Any family member in the victim’s household who was dependent on him or her
- If none of the above apply, then the next of kin under Virginia’s intestacy laws
Types of Damages in a Wrongful Death Lawsuit
Damages for wrongful death claims include funeral and burial expenses, loss of future income the victim would have provided for his or her family, loss of future benefits the victim would have provided for his or her family, loss of companionship, loss of love, loss of guidance, loss of service, and emotional anguish.
The family or representative from the victim’s estate can also bring a second type of action against the at-fault party, referred to as a survival action. This is separate from the wrongful death claim, as are the damages pursued. Basically, the damages awarded in this action are the same as those the victim could have pursued had they survived the action, such as medical expenses and pain and suffering.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several steps that require careful preparation and understanding of legal procedures. Consulting a wrongful death attorney is a crucial step. A wrongful death claim is often a complex action, and you want to make sure the attorney handling your case has the experience and legal knowledge to navigate this legal process.
Your attorney will evaluate your case, explain your rights, and help you understand the legal process. They will also confirm the statute of limitations for filing the claim because once that period has ended, so too has your chance for damages.
Your attorney will determine who all responsible parties are and name them in the legal filings. Once everyone has been notified, the parties typically negotiate to see if a fair settlement can be reached. Your attorney will accept no settlement offer without your approval.
If a settlement cannot be reached, the lawsuit will proceed to trial, where all parties will present their case to a judge and jury. The jury will then decide if those named in the lawsuit are responsible for the victim’s death, and if they are, then how much the victim’s family should be awarded.
Contact Our Personal Injury Law Office for Legal Assistance
Families who have lost a loved one due to the negligent or reckless actions of another person should consider contacting a Virginia Beach wrongful death attorney to discuss what legal recourse they may have for their pain and loss. Our legal team will work diligently to get your family the financial justice you deserve, like the $1.85 million insurance settlement for the family of a motorcyclist killed when a truck driver attempted to take a left turn in the victim’s path.
Contact our office today to schedule a free and confidential case evaluation.
Shapiro, Washburn & Sharp also offers a free wrongful death guide for families who have lost a loved one in an accident. The guide covers topics such as the statute of limitations for filing a wrongful death claim, what types of damages can be pursued, and who can be appointed as a personal representative.
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An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.
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