Wrongful Death Attorneys in Norfolk

What Is Considered 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. Our wrongful death lawyer in Norfolk aims to uncover all details that could impact the outcome of your case. We're committed to serving not just as legal representatives, but as partners in seeking truth and accountability.

Statute of Limitations for Wrongful Death in Virginia

One critical facet of wrongful death cases in Virginia is the statute of limitations, which significantly impacts the ability to file a lawsuit. By Virginia law, the family or representative of the deceased must file a wrongful death claim within two years from the date of death. Missing this deadline generally bars the claim, irrespective of its validity or merits.

Consequently, prompt consultation with a seasoned wrongful death attorney in Norfolk is advisable to manage the timeline effectively. It allows our legal team to gather all necessary documentation, investigate the circumstances of the death, and craft a strong case. Early action empowers families to explore their full range of legal options and guard their rights.

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

Types of 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.