Under Virginia law, certain surviving family members can file a civil claim when someone’s death results from another party’s negligent, reckless, or intentional actions. These cases fall under Virginia’s wrongful death laws, which allow claims that would have qualified as personal injury lawsuits had the victim lived. This includes economic losses such as funeral expenses and lost household income, but also the intangible and deeply human costs of losing companionship, guidance, and emotional support.
The statute is also narrow in its application: not everyone can file a wrongful death claim, and the claim must be filed within the two-year statute of limitations. At Tronfeld West & Durrett, our wrongful death lawyers help families across Virginia take each of these steps with clarity, timeliness, and legal precision.
If you’re grieving the preventable loss of a loved one, here’s our breakdown of the most important factors to consider in your wrongful death case.
How to File a Wrongful Death Claim in Virginia
Only the court-appointed personal representative of the deceased’s estate can legally file the claim, even if close family members were directly impacted. The process begins in the local Circuit Court’s probate division, where the estate must be formally opened and the representative approved. After that, a successful claim requires proving fault, documenting losses, understanding beneficiary rights, and meeting strict legal deadlines—all with minimal margin for error.
Here’s what you can expect:
Step 1: Obtain Legal Authority as the Personal Representative
Under Virginia wrongful death laws, a claim must be filed by the personal representative of the deceased’s estate, not necessarily a family member. This individual may be named in the decedent’s will or appointed by the circuit court in the county where the deceased resided.
To begin this process:
- File a petition for probate with the Virginia Circuit Court Clerk’s Office
- Request appointment as administrator (if no will exists) or executor (if named in a will)
- Obtain Letters of Qualification, which give you legal authority to act on behalf of the estate
Without this designation, no wrongful death lawsuit can proceed.
Step 2: Determine Beneficiaries and Gather Initial Records
The personal representative will need to identify all statutory beneficiaries. These individuals are the ones eligible to receive compensation through the claim.
Simultaneously, begin collecting:
- Death certificate
- Medical records
- Police or incident reports
- Insurance policies
- Employment and wage documentation
Step 3: Investigate the Cause of Death and Establish Liability
Virginia’s contributory negligence rule means that if the deceased was even 1% at fault for their own death, the family may be barred from recovering any damages.
This makes early legal investigation critical. Your lawyer will:
- Obtain witness statements
- Review video footage or 911 call records
- Analyze crash or safety inspection reports
- Consult with accident reconstructionists or medical experts
Proving that another party’s negligence caused the death—and that the decedent was not at fault—is essential to a successful claim.
Step 4: Draft and File the Wrongful Death Complaint
Once sufficient evidence has been collected, your attorney will file a civil complaint in the appropriate Virginia circuit court. The complaint should include:
- Factual details of how the death occurred
- Legal grounds for the claim (e.g., negligence, product liability, malpractice)
- Identification of the plaintiff (personal representative)
- Identification of statutory beneficiaries
- A detailed demand for damages
This document initiates the formal lawsuit process.
Step 5: Serve the Defendant and Begin Litigation
After filing, the complaint must be served on the defendant (the person or entity being sued) following the Virginia Rules of Civil Procedure. This gives them official notice and an opportunity to respond.
Litigation then proceeds through:
- Discovery (exchange of evidence and depositions)
- Mediation or settlement conferences
- Trial if the case is not resolved through settlement
A wrongful death trial in Virginia is conducted before a jury unless waived. Settlements can occur at any point during the process.
Step 6: Distribution of Damages to Beneficiaries
Once the case concludes—whether by settlement or verdict—the court will oversee the distribution of damages among the eligible beneficiaries. The court may:
- Allocate compensation based on financial dependency
- Consider emotional loss or caregiving relationships
- Review arguments from beneficiaries if disputes arise
Importantly, damages in wrongful death claims are not part of the estate and are instead distributed directly to beneficiaries.
For answers to your questions, call:
800-321-6741
Who Can File a Wrongful Death Lawsuit in Virginia?
Not every relative can file a wrongful death lawsuit. The law limits who can seek compensation through such claims to specific statutory beneficiaries. These beneficiaries are typically divided into two tiers based on their relationship to the deceased.
Primary beneficiaries include:
- The surviving spouse
- Children or grandchildren of the deceased
- Parents, if they were financially dependent on the deceased
If there are no surviving family members in this first tier, then the claim may proceed on behalf of secondary beneficiaries, such as siblings or more distant relatives who were financially dependent on the decedent at the time of death.
This structure is important because it determines not only who may file the claim, but also who is eligible to receive compensation. In all cases, the lawsuit must be filed by the personal representative of the decedent’s estate—either someone named in the will or appointed by the court.
Common Accidents Leading to Wrongful Death Claims in Virginia
What connects all these cases is a common thread: negligent parties breaking the law and often fighting against survivors’ families to avoid taking responsibility for the consequences of their actions.
Overall, these are common accidents we handle:
- Fatal car, truck, and motorcycle accidents caused by negligent drivers. According to the Virginia Department of Health (VDH), these are one of the most common and deadly forms of personal injury in Virginia
- Falls are one of the top three causes of unintentional injury deaths
- TBI-related deaths constitute a significant portion of all unintentional injury fatalities, accounting for 1,887 injury deaths across the state in 2023
- Pedestrian deaths caused by failure to yield or distracted driving
- Unsafe property conditions, such as fatal slip and fall incidents
- Nursing home neglect or failure to provide adequate supervision
- Medical malpractice leading to surgical errors, misdiagnosis, or delayed treatment
- Defective or dangerous products that result in fatal injuries
However, not all deaths are considered wrongful, even when negligence appears clear and proven. In such cases, an experienced lawyer can help you understand whether you have a valid case and evaluate your options for a successful claim.
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What Evidence Is Required to Prove Wrongful Death?
To build a strong wrongful death case in Virginia, you must prove both legal fault and resulting damages. The evidence needs to clearly show how the defendant’s actions led to the death. Here’s what must be proven:
1. Documentation of Negligence or Wrongful Acts
This includes crash reports, OSHA or safety violations, medical records, and any documents showing that the at-fault party breached a duty of care. For example, in a truck accident case, data from the truck’s black box and the driver’s hours-of-service logs may reveal negligence.
2. Causation Evidence
Proof that the defendant’s misconduct directly caused the death. This could be autopsy reports, toxicology findings, or expert analysis tracing the fatal injuries back to the negligent act.
3. Economic Loss Documentation
To establish financial damages, attorneys rely on tax returns, employment contracts, benefit plans, and life expectancy tables. These help quantify the income, support, and services the deceased would have provided.
4. Non-Economic Loss Evidence
Testimony from family members and psychological experts can illustrate emotional suffering, loss of companionship, and the impact on the household.
5. Expert Testimony
Professionals such as accident reconstructionists, economists, and medical experts may be used to verify liability and support a full damages calculation. Their input can be critical in cases involving complex medical or technical questions.
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Talk to a Virginia Wrongful Death Lawyer Today
When someone else’s careless or reckless conduct leads to a preventable death, the law gives families the right to hold them accountable—and to demand justice. But asserting those rights requires deep knowledge of Virginia’s statutes, strict filing deadlines, and a powerful legal strategy.
At Tronfeld West & Durrett, a wrongful death lawyer is ready to walk that path with you. Our firm has decades of experience representing grieving families across the state. Whether the loss resulted from medical negligence, a motor vehicle crash, a fall, or another preventable act, we know what it takes to build a strong case.
Schedule a free consultation today and let us help you take the first step toward closure, compensation, and accountability.
Call or text 800-321-6741 or complete a Free Case Evaluation form