Virginia Wrongful Death Lawyer
The sudden and unexpected death of a loved one creates immediate and long-lasting repercussions for the surviving family members. When the death is the result of another party’s negligence, family members will certainly feel anger but may not be inclined to immediately pursuing legal action.
Quick action in such cases, however, is critical because a party only has two years to file a wrongful death action. Need an Injury Lawyer Virginia understands that families need time to grieve, which is why our lawyers handle all of the paperwork and court filings in order to meet strict deadlines.
Wrongful Death vs. Survival Action in Virginia
State law in Virginia allows for two different types of legal actions following the death of a loved one. A wrongful death claim must be brought by and a statutory beneficiary of the deceased under Virginia Code § 8.01-50. Statutory beneficiaries in such cases include the deceased’s spouse, children, parents, siblings, or other authorized family members or beneficiaries.
Survival actions are brought by the estate of the deceased. Whereas a survival action is a claim that belongs to the deceased and allows for recovery of damages accrued up until the moment of his or her death, a wrongful death claim lets the deceased’s beneficiaries recover benefits that would have been received from the deceased if not for his or her death.
Causes of Wrongful Death in Virginia
Many different types of accidents can result in a person’s death. People who file wrongful death or survival actions will be required to prove that another party’s negligence caused the deaths of their loved ones.
Some of the most common causes of wrongful deaths in Virginia include:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Commerical Vehicles
- Motorcycle Accidents
- Bicycle Accidents
- Bus Accidents
- Uber/Ridesharing Accidents
- DUI Accidents
- Medical Malpractice
- Workplace Accidents
Wrongful Death Awards in Virginia
Wrongful death lawsuits can seek compensation for economic damages (calculable monetary losses such as medical bills, lost wages, or funeral costs), noneconomic damages (non-calculable harm such as pain and suffering, loss of consortium, or emotional distress), and possibly punitive damages (awards intended solely to punish negligent parties for particularly egregious or reckless conduct). State law in Virginia limits wrongful death damages stemming from medical malpractice to $2 million.
Contact a Personal Injury Lawyer in Virginia
Need an Injury Lawyer Virginia knows that no amount of money will ever fully make up for a loved one’s death. Wrongful death or survival actions, however, can help replace income that has been lost and achieve a certain level of closure to a very painful chapter in the lives of a family.
We represent families in communities throughout Fairfax County, Prince William County, Loudoun County, Chesterfield County, Henrico County, Arlington County, Stafford County, Spotsylvania County, Albemarle County, and Hanover County.
Our Virginia personal injury lawyers will provide an honest and thorough evaluation of your case during a free, no obligation consultation. Our firm is available 24 hours a day, seven days a week to answer all of your legal questions.