Wrongful Death Lawyer in Richmond, VA
Legal help for Virginia families who lost a loved one because of someone else’s negligence.
No Recovery,
No Fee
80+ Years Combined
Attorney Experience
4.8 Stars
on Google
Practicing Personal Injury Law
Since 1973
See If Your Family Has a Wrongful Death Claim
When a death may have been caused by a crash, a medical error, an unsafe property, or another person’s carelessness, families are often left with questions no one has answered. Collier & Collier can review what happened and explain whether Virginia law may allow a claim. You do not need to know who was at fault, or have an estate opened, before you call.
What to know about Virginia wrongful death claims:
- The personal representative brings the claim
- Spouse, children, and other relatives can share
- Most claims must be filed within two years
- Damages include grief, lost income, and funeral costs
- Government claims need written notice much sooner
Virginia allows a wrongful death action when a death was caused by a “wrongful act, neglect, or default” that would have entitled the person to bring an injury claim if they had survived. The civil claim is available even when the conduct also amounts to a crime.
Deaths That Can Lead to a Claim
Wrongful death claims arise from the same kinds of negligence the firm handles in injury cases, including:
- Car, truck, and motorcycle accidents
- Drunk driving crashes
- Pedestrian and boating accidents
- Unsafe property conditions, including slip-and-fall and swimming pool accidents
- Nursing home abuse or neglect
- Medical malpractice
Claims based on medical care have added requirements. By the time the family first asks the court to serve a health care provider, it must have a signed written opinion from a qualified expert that the provider broke the standard of care and that this caused the death.
What a Family Must Prove
To win a wrongful death claim, the family generally must show:
- Duty of care: the other party owed a duty of reasonable care
- Breach of duty: the other party failed to meet that duty
- Causation: that failure caused your loved one’s death
- Damages: the family suffered losses as a result
Who Brings the Claim and Who Receives Compensation
Who Files the Claim
In Virginia, the lawsuit is filed by the personal representative of the person who died, meaning the executor or administrator of the estate. A personal representative can be appointed even if your loved one did not leave a will.
Who Shares the Recovery
From any recovery, the personal representative first pays costs, attorney’s fees, and the medical and funeral expenses the award specifies. The rest goes to the beneficiaries the statute names, free of the decedent’s other debts.
Virginia law sets out who those beneficiaries are, in this order:
- If there is a spouse, child, or grandchild: the spouse, children, and children of any child who has died. Parents also share if they regularly received support or services from the person during the 12 months before the death.
- If there is a spouse and a parent, but no child or grandchild: the spouse and the parent or parents.
- If there is no spouse, child, or grandchild: the parents, brothers, and sisters.
- In every case: any relative, including a stepchild, who was primarily dependent on the person for support or services and lived in the same household.
The jury or the court decides how any award is divided among eligible beneficiaries. A settlement also needs court approval. We can explain how these rules apply to your family before anyone signs anything.
What a Wrongful Death Claim Can Recover
Virginia’s statute lists damages the jury or court may award, which include:
- Sorrow, mental anguish, and lost companionship
- Reasonably expected lost income and services
- Medical and hospital expenses for the fatal injury
- Reasonable funeral expenses for your loved one
- Punitive damages for willful or wanton conduct
Punitive damages can also apply to recklessness that shows a conscious disregard for others’ safety, and Virginia caps them at $350,000 in total. Lost companionship can include the comfort, guidance, and advice your loved one gave, and lost services can include protection, care, and assistance.
A Wrongful Death Claim and a Survival Claim Are Different
If your loved one survived for a time after being injured, the family may hear about a “survival” claim. Virginia law lets claims survive a person’s death. But if your loved one had already filed an injury lawsuit and then died from that injury, the lawsuit is amended into a wrongful death action, and there can be only one recovery for the same injury. Which claim fits your situation is a legal question worth asking early.
How a Wrongful Death Claim Works in Virginia
Every case is different, but most move through these steps:
Appoint a personal representative.
An executor or administrator brings the claim for the family.
Investigate the death.
We gather the records and evidence about what happened.
Notify any government defendant.
Claims against the Commonwealth or a locality need written notice on time.
Get an expert opinion.
A malpractice claim needs a qualified expert’s signed written opinion.
Settle or file a lawsuit.
If the claim does not settle, it can go to court.
Get court approval.
The court approves any settlement and how it is divided.
Most Claims Must Be Filed Within Two Years of the Death
A Virginia wrongful death action generally must be filed within two years of the date of death. Other rules can change that period, for example when the injured person had already filed suit before dying. Some cases also have shorter deadlines or added limits:
- Claims against the Commonwealth: written notice within one year
- Claims against a locality: written notice within six months
- Punitive damages: capped at $350,000 in total
- Injury claim settled before death: may bar recovery
Contacting a firm does not stop a filing deadline.
Talking to Insurers and Saving Evidence
Before You Talk to an Insurer
An insurance adjuster may contact your family soon after the death. It is wise to talk with a lawyer before giving a recorded statement or signing anything.
Records to Keep
If you can, keep or request:
- Police or crash reports and claim numbers
- Medical, hospital, and nursing home records
- Photos, videos, and names of witnesses
- Funeral bills and other expense receipts
- Pay records showing your loved one’s income
- Letters or emails from any insurance company
Starting early also gives us a better chance to preserve evidence that others control, such as video footage and business records.
Reviews
Questions About Wrongful Death
Collier & Collier Results for Injured Clients and Families
Just a few past results include:
- $750,000 recovery for the family of a veteran in a wrongful death medical malpractice case.
- Our law firm has a track record of multi-million-dollar results (e.g., $2M+ for a burn injury, $1.4M for a commercial truck accident, $1.125M for medical malpractice – handled in conjunction with another law firm).
Disclaimer: Past results do not guarantee future outcomes.
Why Families Choose Collier & Collier
Experience Since 1973
Personal injury practice since 1973, with more than 80 years of combined attorney experience.
A Family-Operated Firm
A small Richmond firm where attorneys work directly with each client.
Rated 4.8 Stars on Google
Families and clients rate our firm 4.8 stars on Google.
No Fee Unless We Recover
Case reviews are free, and attorney fees are owed only if the case settles or is won.
Talk With a Wrongful Death Lawyer About Your Family’s Options
Find out if you have a claim, what it could cover, and how much time you have. Contact Collier & Collier for a free, confidential case review.
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