What Is Considered a Wrongful Death?
The term "wrongful death" refers to a death caused by the negligence, carelessness, or recklessness of another person or entity. Wrongful death claims can be made by spouses, children, or other dependents of the deceased.
You may be eligible to file a claim if your loved one died due to the following:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Bicycle accidents
- Dangerous or defective products
- Medical malpractice
- Swimming pool accidents
- Toxic exposure
- Nursing home abuse
- Building collapse
In Virginia, there are two types of claims that may follow a death caused by negligence: survival actions and wrongful death actions.
- A survival action is a civil lawsuit brought by a family member or other dependent of the deceased. This type of claim is brought to recover damages for loss of support and services, loss of consortium, and funeral expenses.
- Wrongful death actions, on the other hand, are brought by the personal representative of the deceased's estate. This type of claim is brought to recover damages for the deceased's pain and suffering, loss of life expectancy, and loss of earnings.
In Virginia, the statute of limitations for wrongful death actions is generally two years from the date of death. If you miss this deadline, you may not be able to file a claim. This is why it is so important to have an experienced attorney by your side.
Types of Damages in a Wrongful Death Case
In a wrongful death case, the deceased's estate files a lawsuit against the party or parties responsible for the death. This lawsuit is for the deceased's estate, which is why the personal representative of the deceased's estate files the lawsuit. The damages sought are on behalf of the deceased and are meant to compensate the deceased's dependents.
Damages in a wrongful death claim can include:
- Loss of support and services: If the deceased was providing financial support, child care, or other services to the claimants, they will have experienced a loss of support and services. The value of this loss can be calculated and included in the claim.
- Loss of consortium: If the deceased was providing companionship to a spouse or other family members, they will have experienced a loss of consortium. The value of this loss can be calculated and included in the claim.
- Funeral expenses: If the deceased's family members had to pay for the deceased's funeral, this can be included in the claim. The value of this loss can be calculated and included in the claim.
In addition to these financial losses, Virginia law allows families to seek compensation for the emotional impact of a wrongful death. This can include the sorrow, mental anguish, and loss of guidance experienced by a spouse, children, or other close relatives who depended on the person who died. When we evaluate a case, we take time to understand how the loss has changed the day-to-day life of each family member so that these harms are fully presented and supported with evidence rather than treated as abstract concepts.
Who Can File a Wrongful Death Claim in Virginia?
One of the first questions many families have is who is actually allowed to file a wrongful death claim in Virginia. Under Virginia law, the claim is usually brought in the name of the personal representative of the deceased person's estate, but the benefits of any recovery are for the close relatives who survived the loss. These relatives can include a spouse, children, grandchildren, or, in some situations, parents or siblings who depended on the person who died for support or guidance.
For military families stationed at bases such as Naval Air Station Oceana or Joint Expeditionary Base Little CreekâFort Story, questions about residency, where the case should be filed, and how a deployment might affect participation in the case are common. We take time to walk through how Virginia's wrongful death laws apply even when a service member or their family has ties to other states. By clarifying these issues early, we make it easier for families to focus on honoring their loved one's memory while we handle the legal details.
How a Wrongful Death Attorney in Virginia Beach Can Help
At the Hallauer Law Firm, we know how to navigate the legal system, and we are prepared to take on large corporations and insurance companies. We know how to build a case that will hold negligent parties accountable for the harm they cause.
When a family comes to us after a fatal accident in Virginia Beach, we start by listening carefully to their story and explaining how wrongful death claims work in Virginia in clear, everyday language. We then gather records such as police reports, medical records, and witness statements, and, when necessary, consult with accident reconstruction professionals or medical professionals to help explain how and why the death occurred. Because of our background in both prosecution and defense, we are familiar with how evidence is challenged in court, which allows us to prepare cases with those challenges in mind from the very beginning.
If you lost a loved one due to someone else's negligence, call our wrongful death attorneys in Virginia Beach at (757) 474-0089.
