Losing a family member because of another party’s carelessness—whether from a reckless driver, a medical mistake, or unsafe working conditions—leaves families not only grieving but also struggling with sudden financial challenges.

Virginia law provides a path for families to seek justice through a wrongful death claim. These claims help survivors hold those responsible accountable while securing compensation for losses such as funeral costs, lost income, and emotional suffering. If you’ve found yourself in this tragic situation, our wrongful death attorneys are here to guide you through the process with compassion, experience, and determination.

What Is Considered a Wrongful Death?

In Virginia, a wrongful death occurs when someone’s life is taken as a result of the negligence, reckless behavior, or intentional actions of another party. According to Virginia Code § 8.01-50, wrongful death lawsuits allow the deceased’s family to seek compensation from those whose actions caused the death.

This type of claim isn’t limited to intentional harm. Even situations involving unintentional negligence—such as a doctor misdiagnosing a condition or a truck driver ignoring safety protocols—can constitute wrongful death if it results in fatal harm.

At its core, the goal of a wrongful death claim is twofold: it provides a measure of justice by holding the responsible party accountable, and it helps surviving family members address the financial and emotional aftermath caused by their loss.

Examples of Fault

We have seen how wrongful deaths can arise from a wide range of unfortunate incidents where someone’s negligence or misconduct causes another person’s death. Some of the most common scenarios leading to wrongful death lawsuits in Virginia include:

Every case is unique, and the road to accountability requires more than just filing a lawsuit—it takes thoughtful strategy, detailed investigation, and strong advocacy to stand up against those responsible. With experienced legal representation, you can focus on healing while we focus on obtaining the results you need to rebuild. We’re here to help shoulder the burden, ensuring no detail is overlooked as we pursue the compensation your family deserves.

How a Wrongful Death Attorney at Tronfeld West & Durrett Can Support Your Case in Virginia

When someone else’s negligence takes the life of a loved one, it’s not just about compensation—it’s about accountability. At Tronfeld West & Durrett, we approach every wrongful death case with the attention, urgency, and care it deserves. While you focus on your family, we’ll take care of the legal process.

  • We conduct a full investigation to uncover exactly what went wrong, gathering police reports, medical records, and witness statements to build an airtight case.
  • We handle the insurance companies for you, negotiating on your behalf to get the compensation you’re truly owed—not just what the insurer offers.
  • We take cases to court when necessary, prepared to present a compelling argument before a judge or jury if the responsible party refuses to settle fairly.
  • We tailor our approach to your situation, ensuring you receive personal attention and clear communication every step of the way.
  • We work on a contingency basis, meaning you pay nothing unless we secure compensation, removing financial stress from your pursuit of justice.

For over 50 years, we’ve fought for Virginia families through their most difficult moments. Explore our case results to see how we’ve helped others and how we can do the same for you.

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, wrongful death claims must be filed by a personal representative of the deceased’s estate. This person is either named in the deceased’s will or appointed by the court if no will exists. The personal representative acts on behalf of the deceased’s estate and surviving family members, ensuring that the legal claim is properly handled.

Eligible Parties to File a Claim

Virginia law identifies specific beneficiaries who can recover damages in a wrongful death claim. These statutory beneficiaries include:

  • Surviving spouse: The deceased’s legal partner.
  • Children: Both biological children and children of any deceased child are eligible.
  • Parents: Surviving parents of the deceased.
  • Siblings: Brothers and sisters may recover damages.
  • Dependent relatives: Other family members who lived with the deceased and relied on their financial support may also qualify.

Our team understands the delicate nature of these cases and works closely with families to ensure every eligible beneficiary receives the support they need during such a challenging time. Your wrongful death attorney can help you understand if you have a valid claim before proceeding with legal actions.

Damages You Can Recover After a Wrongful Death in Virginia – How Are Economic Damages Calculated in Wrongful Death Cases?

In Virginia, damages are divided into two main categories: economic damages and non-economic damages. These cover both tangible financial losses and the emotional toll that families endure after a loved one’s death.

Let’s take a closer look at what survivors can recover:

Economic Damages

Economic damages aim to restore the measurable financial losses resulting from the deceased’s death. These damages cover the expenses and income streams that would have directly supported the family if the wrongful death had not occurred.

  • Lost income: Compensation for the earnings the deceased would have generated, accounting for lost wages, bonuses, and future earning potential.
  • Medical expenses: Covers any medical treatment or hospital care provided before the deceased’s passing due to the incident.
  • Funeral and burial costs: Includes the necessary expenses related to laying your loved one to rest, such as funeral services, cemetery plots, or cremation fees.
  • Loss of benefits: Reimburses the value of lost benefits, including health insurance, pensions, and retirement contributions that the deceased would have provided.

Non-Economic Damages

Non-economic damages address the emotional impact and loss of companionship that comes with the untimely death of a loved one. These damages are more subjective, but they reflect the profound personal toll a wrongful death takes on surviving family members.

Non-economic damages may include compensation for:

  • Loss of companionship and emotional support: The value of the relationship shared with the deceased, including the loss of love, care, and guidance.
  • Pain and suffering: Compensation for the grief, mental anguish, and emotional suffering experienced by the family due to their loved one’s passing.
  • Loss of consortium: This covers the emotional loss experienced by a spouse due to the absence of the deceased’s companionship and support.

Though non-economic damages are harder to quantify, they represent an essential part of ensuring the family’s suffering is acknowledged in a meaningful way.

Can You Seek Punitive Damages in Virginia Wrongful Death Cases?

In some wrongful death cases, Virginia law allows families to seek punitive damages. These damages are not intended to compensate for financial or emotional losses. Instead, they serve to punish the at-fault party for particularly reckless or malicious behavior and to deter similar actions in the future.

Examples where punitive damages may apply include:

  • Cases involving intentional misconduct such as criminal acts or deliberate harm
  • Instances of gross negligence where the responsible party acted with complete disregard for others’ safety

Pursuing punitive damages requires clear evidence that the at-fault party’s actions went beyond mere negligence, and courts will carefully evaluate the circumstances before awarding them.

How Long Do You Have to File a Wrongful Death Claim in Virginia?

Virginia law sets a strict timeline for filing a wrongful death claim. According to Virginia Code § 8.01-244, families generally have two years from the date of death to file their claim. Missing this deadline can result in the claim being dismissed, leaving you without the ability to seek compensation.

However, certain exceptions may extend the time limit. If fraud or misrepresentation delays the discovery of the wrongful act, the filing period may be adjusted. A wrongful death attorney will ensure your claim is filed within the appropriate time to protect your rights, guiding you through each phase of the legal process. It’s important to understand the factors that can affect how long a wrongful death lawsuit takes in Virginia, as timelines can vary based on the complexity of the case and whether the parties are willing to negotiate or proceed to trial.

Why You Need a Virginia Lawyer at Tronfeld West & Durrett – Trust Our Experience in Wrongful Death Cases

At Tronfeld West & Durrett, we’ve been standing beside Virginia families since 1972, helping them seek justice and compensation through their most challenging times.

Our team will:

  • Evaluate your case with care, determining the best course of action based on the circumstances.
  • Handle all legal filings and negotiations, ensuring deadlines are met, and your case stays on track.
  • Fight for fair compensation, holding negligent parties accountable for their actions.
  • Offer personal attention every step of the way, so you feel supported throughout the process.

We know that no amount of compensation can replace a loved one, but we believe in making sure families receive the justice and financial security they deserve. When you’re ready to take the next step, contact us for a free consultation. You don’t have to go through this alone—we’re here to help.

What Are the Most Common Types of Personal Injury Claims?

Automobile accidents are, by far, the most common type of personal injury claim. There are more than 17,250 car accidents every day in the United States, and many of those accidents are the direct result of negligence or carelessness on the part of a driver. Auto accidents can cause injuries that result in lifelong medical issues and pain. Therefore, holding the careless driver responsible is extremely important.