Virginia Wrongful Death Law: Answers for Families in Need
Who Can File a Wrongful Death Claim in VA?
Only the personal representative of the deceased’s estate can file the lawsuit, but the compensation is distributed to family members. Spouses, children, and parents are typically first in line. If no immediate family exists, other relatives who were dependent on the deceased may be eligible.
What Damages Can Be Recovered?
Virginia law allows recovery for medical expenses from the final injury, funeral costs, loss of the deceased’s income and household contributions, and the survivors’ emotional suffering. Children may recover for loss of guidance and support. In cases involving reckless or intentional conduct, punitive damages are possible.
Some cases settle in months; others may take years if litigation is required. The complexity of the accident, the number of parties, and whether the insurer offers a fair settlement all affect the timeline. Blank & Marcus works to resolve cases efficiently but will not rush if it means leaving money on the table.
How Long Does a Wrongful Death Case Take?
Do I Need an Attorney?
Yes. Wrongful death cases require legal knowledge of estate procedure, insurance law, and evidence gathering. Insurance companies often minimize payouts unless forced by an experienced trial lawyer. Blank & Marcus’s courtroom record helps ensure families get fair treatment.
Statute of Limitations & Deadlines
Virginia law requires filing within two years of the death. This is a firm deadline, so families should contact an attorney quickly to preserve evidence and meet probate requirements.
How Settlements Are Distributed
Wrongful death awards are distributed to family members according to Virginia’s statutory hierarchy. The court ensures fairness, especially where multiple beneficiaries exist or minors are involved.
Have questions about your rights under Virginia’s wrongful death laws? Contact Blank & Marcus for a free consultation.