Wrongful Death Attorneys in Virginia
Losing a loved one because of someone else’s negligence is the most difficult thing to go through for surviving family members. Under Virginia’s Wrongful Death Act, you may have the right to hold the negligent party financially accountable with the help of an experienced wrongful death attorney. Collier & Collier helps you seek compensation for the financial and personal losses caused by your loved one’s death.
What is a Wrongful Death Claim in Virginia
A wrongful death claim is a civil action filed against the person or organization whose negligence caused your loved one’s death. A beneficiary or the personal representative of the deceased person’s estate may file the claim.
What Does the Virginia Code § 8.01-50 Mean?
Virginia Code § 8.01-50 allows surviving family members to pursue damages when a person’s death results from another party’s negligence, reckless conduct, wrongful act, or breach of duty. Surviving family members may seek compensation for burial costs, lost income, and other financial losses, but establishing negligence with the help of a Virginia wrongful death lawyer is necessary.
How Does a Wrongful Death Claim Differ from a Criminal Case
A wrongful death claim is a civil lawsuit filed by the personal representative of the deceased person’s estate to recover financial compensation. A criminal case is something different. It’s prosecuted by the state to punish the wrongdoer through imprisonment, fines, or probation.
A wrongful death claim focuses on recovering financial compensation for surviving family members. You may still pursue a wrongful death claim even if criminal charges are never filed or the defendant is acquitted.
Who Can File a Wrongful Death Lawsuit in Virginia
Only the personal representative of the decedent’s estate can file a wrongful death lawsuit in Virginia (Code § 8.01-50). Family members receive distributions as statutory beneficiaries under § 8.01-53.
Class 1: surviving spouse, decedent’s children, and grandchildren whose parent (the decedent’s child) is deceased. Parents qualify only if there is a surviving spouse but no children or grandchildren, and they received regular support from the decedent in the 12 months before death.
Class 2 (only if no Class 1 exists): decedent’s parents, siblings, and any relative who was both primarily dependent on the decedent and a member of the same household. Stepchildren do not qualify unless legally adopted.
What are the Common Causes of Wrongful Death in Virginia
Common causes of wrongful death include, but are not limited to, driving under the influence, medical malpractice, and defective products.
What’s Necessary to Establish Your Wrongful Death Claim
Duty of Care
Under Virginia law, a duty of care is the legal obligation to act reasonably and avoid causing harm to others. For example, drivers must follow traffic laws and operate vehicles safely; property owners must maintain safe premises; employers must provide safe working conditions; and medical professionals must meet accepted standards of patient care.
If someone fails to uphold these responsibilities and causes the death of another person, they may be held accountable.
Breach of the Duty of Care
A breach occurs when a person or entity fails to meet the duty of care they owed to the deceased. For example, engaging in behaviors such as drunk driving, speeding, distracted driving, failing to repair dangerous property conditions, or violating workplace safety rules.
Our wrongful death attorneys in Virginia build evidence-backed claims designed to establish negligence and demonstrate liability. This evidence helps support a compensation claim for mental anguish, medical bills, burial costs, or loss of future income against the negligent party.
Causation of Death
Causation is often one of the most disputed elements in a Virginia wrongful death case. You must demonstrate that the negligence or reckless behavior of the person or organization caused the death in order to pursue damages.
For example, if a reckless driver caused a fatal crash, evidence must connect the driver’s conduct directly to the victim’s death. Insurance company attorneys often argue that outside factors contributed to the death in order to reduce or deny compensation. Our firm understands the emotional weight of these cases and presents strong, evidence-backed arguments to protect families from unfair settlement tactics.
Damages Resulting from the Death
A wrongful death claim must demonstrate the economic and non-economic losses that the surviving family members suffered because of their loved one’s death. For example, recoverable damages include funeral and burial expenses, medical bills related to the fatal injury, and loss of the deceased person’s income.
Non-economic damages include loss of companionship, guidance, care, and support. Courts evaluate how the death affected the family’s financial stability and daily life when determining compensation.
Work with our experienced Virginia wrongful death attorneys to pursue compensation. Receive a free case evaluation and pay nothing unless we settle or win your case.
What Damages Can You Recover from a Wrongful Death Claim
Economic Damages
Economic damages are meant to compensate families for the financial losses caused by the death of their provider. It includes medical expenses incurred before the person passed away, such as emergency treatment, hospitalization, surgeries, or ongoing care related to the fatal injuries. Families may also recover funeral and burial expenses, which often create immediate financial strain during an already devastating time.
Collier & Collier also helps families seek compensation for the future financial support their loved one would likely have provided. These damages may also include lost wages, retirement contributions, health insurance coverage, pensions, and other employment benefits available to surviving family members.
Non-Economic Damages
Virginia law allows families to seek compensation for emotional and personal losses after the sudden passing of a loved one. Our wrongful death attorneys help families seek compensation for the loss of companionship, emotional support, guidance, and care a loved one once provided.
We also help dependent children recover the loss of parental guidance, care, and nurturing that would have shaped their future development. You can also pursue compensation under Virginia Code § 8.01-50 for grief, sorrow, and mental anguish caused by the unexpected loss. These damages are harder to calculate than financial losses, but they remain a recognized part of Virginia wrongful death claims.
Punitive Damages
Punitive damages are usually not available in every Virginia wrongful death case because they only apply when the defendant’s conduct was reckless, intentional, or showed a conscious disregard for the safety of others.
For example, drunk driving or other reckless conduct may justify punitive damages in certain wrongful death cases. The purpose of punitive damages is to punish the wrongdoer and discourage similar conduct. Virginia caps punitive damages at $350,000 under Virginia Code § 8.01-38.1.
Why Choose Collier & Collier to Pursue Wrongful Death Claims in Virginia
Frequently Asked Question
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You do not have to navigate this process alone. Call 804-364-5200 for a free consultation about your legal options.