Скачать или смотреть Who Has the Right to File a Wrongful Death Lawsuit in Virginia?

A wrongful death lawsuit is a civil action brought on behalf of a deceased individual whose death was caused by someone else’s negligence, wrongful act, or intentional misconduct. Under Virginia’s Wrongful Death Act, the lawsuit seeks compensation for the losses suffered by the deceased’s surviving family members.

If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.

What Types of Incidents or Situations Can Lead to a Wrongful Death Lawsuit?

Examples of situations leading to wrongful death claims include:

Fatal car accidents caused by reckless driving
Medical malpractice resulting in death
Defective products leading to fatal injuries
Workplace accidents caused by negligence

Unlike criminal cases, wrongful death lawsuits do not aim to punish the responsible party with jail time but instead provide monetary compensation to the deceased’s family.

Who Has the Legal Right to File a Wrongful Death Lawsuit in Virginia?

In Virginia, only the personal representative of the deceased’s estate has the legal right to file a wrongful death lawsuit. This individual is often named in the deceased’s will or appointed by the court if no will exists.

While the personal representative initiates the lawsuit, they do so on behalf of the deceased’s statutory beneficiaries—specific individuals who are entitled to recover damages under Virginia law. These beneficiaries are prioritized in the following order:

Immediate family: Surviving spouses, children, and grandchildren (if applicable) have the highest priority to benefit from the lawsuit.
Parents and siblings: If there is no surviving spouse, child, or grandchild, the deceased’s parents and siblings become the next eligible beneficiaries.
Dependent relatives: Other relatives who were financially dependent on the deceased may be eligible if no higher-priority beneficiaries exist.

It’s important to note that friends, non-dependent relatives, or distant family members are generally not eligible to file or benefit from a wrongful death lawsuit in Virginia.

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?

Virginia’s wrongful death law allows beneficiaries to seek compensation for a wide range of damages, including:

Economic Damages
Medical expenses incurred prior to death
Funeral and burial costs
Loss of income and benefits the deceased would have provided
Non-Economic Damages
Emotional distress and mental anguish suffered by the family
Loss of companionship, guidance, or care provided by the deceased
Punitive Damages

Punitive damages may be awarded to punish the wrongdoer and deter similar behavior in cases involving willful or reckless conduct.

The personal representative ensures that any damages recovered are distributed to the beneficiaries based on their relationship to the deceased and the nature of their losses.

Are There Time Limits for Filing a Wrongful Death Lawsuit in Virginia?

Virginia enforces a strict statute of limitations for wrongful death lawsuits. Generally, the lawsuit must be filed within two years of the date of the deceased’s death.

Exceptions to this rule may apply in limited circumstances, such as cases involving fraud or if the death was caused by a condition that was not immediately discovered (e.g., exposure to toxic substances). However, these exceptions are rare, and missing the deadline will likely result in the case being dismissed.

Families are encouraged to consult an attorney as soon as possible to ensure compliance with the statute of limitations and to preserve crucial evidence.

How Can Your Personal Injury Law Firm Help?

At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.

Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.

Learn more at https://www.hsinjurylaw.com.