After the death of a loved one caused by another’s negligence or wrongful act, Virginia’s wrongful death statute offers legal recourse for families seeking compensation and justice. Besides getting the financial support needed to move forward, filing a wrongful death claim allows your family to seek justice and hold the responsible parties accountable.

At Tronfeld West & Durrett, our experienced attorneys have been advocating for Virginia families since 1972. In today’s article, you’ll learn all you need to know about the wrongful death statute, including filing deadlines, damages, and eligibility.

Who Is Eligible to File a Wrongful Death Lawsuit in Virginia?

Virginia Code § 8.01-50 defines wrongful death as a death caused by someone’s wrongful act, neglect, or default, which would’ve entitled the deceased to file a personal injury claim if they survived.

The law prioritizes certain individuals as eligible claimants to ensure the family or those closely connected to the deceased can seek compensation. Eligible parties to file a claim include:

Immediate Family Members and Legal Guardians

In most cases, the deceased’s spouse, children, and parents are first in line to file a wrongful death claim. Legal guardians may also act on behalf of the deceased’s children.

Extended Family Members and Heirs

When immediate family members are unavailable, the right to file a claim extends to siblings, grandparents, or other heirs. This provision ensures that someone with a legitimate interest in the deceased’s estate can pursue justice.

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Statute of Limitations for Filing a Wrongful Death Claim in Virginia

Under Virginia Code § 8.01-244, families generally have two years from the date of death to file a wrongful death claim. Missing this deadline can bar you from pursuing compensation, although there can be exceptions in cases involving fraud or delayed discovery of negligence.

Consequences of Missing the Statute Deadline

Failing to file within the statute of limitations will result in the dismissal of your case, leaving you without legal recourse. 

To avoid this, it’s essential to consult a wrongful death attorney early in the process. They can evaluate the details of your case, gather necessary evidence, and ensure compliance with the legal timelines applicable to your case.

Common Causes of Wrongful Death in Virginia

Wrongful death claims arise from various incidents, many of which would be preventable if negligence wasn’t involved. At Tronfeld West & Durrett, we have experience handling claims involving the following causes:

Motor Vehicle Accidents and DUI Incidents

Motor vehicle collisions remain one of the leading causes of wrongful deaths in Virginia. These include:

Medical Malpractice and Hospital Negligence

Medical malpractice is a significant source of wrongful death claims, and it involves situations like surgical errors, misdiagnoses, and medication mistakes.

Workplace Accidents and Employer Negligence

Unsafe working conditions, lack of training, and negligence by employers can lead to fatal workplace incidents. 

Defective Products and Product Liability

Manufacturers and distributors can be held liable for deaths caused by defective products, although these cases require thorough investigation to determine liability. Some examples include faulty car parts leading to an accident or unsafe household items leading to fatal injuries.

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Damages Available Under Virginia’s Wrongful Death Statute

Under Virginia’s wrongful death statute, compensation is divided into economic and non-economic damages, with specific caps in certain cases. For instance, medical malpractice actions are limited under Virginia Code § 8.01-581.15, according to which you can recover a maximum of $2.65 million.

Overall, filing a claim allows you to recover the following damages:

Economic Damages: Financial Losses and Medical Expenses

Families may recover compensation for medical bills, funeral expenses, and the lost income the deceased would’ve provided to the family. These damages are easily quantifiable and aim to alleviate the financial burden caused by the death.

Non-Economic Damages: Pain, Suffering, and Loss of Companionship

You can also recover compensation for intangible losses, such as the emotional distress and loss of companionship experienced by surviving family members. Although these damages are harder to calculate, they constitute a significant portion of the claim.

Punitive Damages for Gross Negligence

In cases involving egregious negligence, punitive damages aim to punish the wrongdoer and deter similar behavior in the future. Virginia courts consider these damages in rare but severe cases.

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Legal Process and Evidence Required in Virginia Wrongful Death Claims

At Tronfeld West & Durrett, we take a strategic, structured approach to gathering evidence and proving liability. This approach, combined with attention to detail and over 50 years of experience, allows us to build strong cases that secure rightful compensation for families.

If you’re planning to file a Virginia wrongful death claim, here’s what to expect:

Gathering Evidence and Documentation

The most important step for building a compelling wrongful death claim is to gather strong evidence. The quality and depth of the evidence significantly influence the outcome of your case, as it helps to establish liability and demonstrate the full extent of your losses. Critical evidence to collect includes:

  • Police reports: Provide an official account of the incident and often detail key findings or violations.
  • Medical records: Document the injuries sustained and their direct connection to the wrongful act.
  • Eyewitness testimonies: Offer firsthand accounts that can support your version of events.
  • Expert opinions: Provide specialized insights to strengthen the claim, such as accident reconstruction or medical analysis.

Establishing Negligence and Proving Liability

Establishing negligence means linking the defendant’s actions to the harm caused. Plaintiffs must prove:

  • Duty of care: The defendant had a legal obligation (e.g., following traffic laws or providing competent medical care).
  • Breach of duty: They failed to meet their obligation through reckless or negligent actions.
  • Causation: This breach directly caused the death, proving the harm wouldn’t have occurred otherwise.
  • Damages: Quantifiable losses, such as medical bills or emotional suffering, must be demonstrated.

Navigating Court Proceedings and Settlement Negotiations

Whether through settlement or trial, a wrongful death attorney can guide you through each step of the legal process. 

In settlement negotiations, your attorney works to secure a fair resolution by engaging directly with insurance companies or opposing counsel, using their expertise to counter low offers. If a settlement cannot be reached, they will advocate for you in court, presenting compelling evidence and arguments to seek maximum compensation.

The Role of an Attorney in Securing Maximum Compensation – Get in Touch With a Wrongful Death Attorney

Securing fair compensation in wrongful death cases demands skill, experience, and resources. Tronfeld West & Durrett has a proven track record of successful case results and over 50 years of experience handling wrongful death claims in Virginia. 

We offer free consultations to assess your case and strategize how to move forward. During this meeting, one of our Virginia wrongful death lawyers will listen to your story, explain your rights, outline the applicable deadlines and legal requirements, and estimate your case’s potential value. 

To schedule a free consultation and learn how we can help you, contact us today.

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