Norfolk Wrongful Death Lawyers

What Is a Wrongful Death in Virginia?

Under Virginia Code § 8.01-50, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another person or entity. In legal terms, it’s a death that could have resulted in a personal injury lawsuit had the victim survived.

Wrongful death claims can arise from a wide range of situations, including:

In each case, the key question is whether the death could have been prevented if the at-fault party had acted responsibly.

Who Can File a Wrongful Death Claim in Virginia?

Virginia law limits who may bring a wrongful death claim. Typically, the lawsuit must be filed by the personal representative (often named in the decedent’s will or appointed by the court) on behalf of the surviving beneficiaries. 

These beneficiaries may include:

• The spouse and children of the deceased
• Grandchildren (if the deceased’s children are also deceased)
• Parents or siblings, if there is no surviving spouse or child
• Any relative who was financially dependent on the deceased and is entitled to inherit from the estate

Because the eligibility rules can be complex, it is essential to work with an attorney who understands Virginia’s wrongful death statutes.

Compensation Available in a Wrongful Death Case

A wrongful death claim is designed to compensate surviving family members for both economic and emotional losses. Compensation may include:

• Funeral and burial expenses
• Medical bills related to the deceased’s final injury or illness
• Loss of the deceased’s income and services
• Loss of companionship, guidance, and care
• Emotional pain and suffering of surviving family members
• Punitive damages (in cases of willful or reckless conduct)

While no amount of money can replace a loved one, a successful claim can provide financial stability and a sense of justice for the family left behind.