Losing a loved one is one of the hardest experiences you can face, especially if their death was caused by someone else’s negligence. While nothing can undo the pain, a wrongful death lawsuit may offer a sense of justice and financial support during a difficult time. In Virginia, not everyone can file this type of lawsuit. It’s important to understand who is eligible to bring a wrongful death claim on behalf of a deceased family member.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought when someone’s death is caused by another person’s negligence, recklessness, or intentional misconduct. This type of claim allows surviving family members or beneficiaries to seek compensation for the emotional and financial losses resulting from their loved one’s death. Common causes of wrongful death claims include car accidents, medical malpractice, workplace accidents, and criminal acts.
Who Can File a Wrongful Death Claim
In Virginia, wrongful death lawsuits can only be filed by the personal representative of the deceased’s estate, as required by Virginia Code § 8.01-50. This individual is often named in the deceased’s will or appointed by the court if there is no will. While the personal representative must file the lawsuit, the compensation from the claim goes to the deceased’s eligible family members.
The law prioritizes the following family members to receive damages:
- Surviving spouse
- Children
- Parents of the deceased
If none of these relatives are available, other family members, such as siblings, may be eligible. It’s essential to understand that friends or non-relatives do not have the legal right to file a wrongful death lawsuit in Virginia, ensuring that the claim benefits only those closest to the deceased.
What Damages Can Be Recovered
In a wrongful death lawsuit, Virginia law allows certain damages to be recovered to help the family cope with the financial and emotional impacts of losing a loved one. These damages are intended to compensate the family for their economic and non-economic losses. Here are the main types of damages that may be recovered:
- Medical Expenses: Compensation for medical bills related to the injury or illness that led to the death.
- Funeral and Burial Costs: The costs associated with laying your loved one to rest.
- Loss of Income: If the deceased provided financial support, the family may recover the income they would have earned.
- Loss of Companionship: This compensates for the emotional loss of a loved one’s companionship, comfort, and guidance.
- Pain and Suffering: Damages can also cover the emotional distress experienced by the surviving family members due to the loss.
The Importance of Filing Within the Time Limit
In Virginia, wrongful death lawsuits must be filed within two years of the deceased’s passing. This deadline, known as the statute of limitations, is strict. If you miss this window, you could lose your right to pursue compensation. While two years may seem like a long time, the grief and complexities of the situation can cause time to pass quickly. It’s important to act promptly to preserve your claim. Seeking legal advice early ensures you stay within the time limit and gives your family the best chance to secure justice and financial relief for your loss.
Contact Our Experienced Virginia Wrongful Death Attorneys
At Simeone & Miller LLP, we understand the overwhelming pain of losing a loved one due to someone else’s negligence. We’re here to guide you through the wrongful death claim process and ensure your family receives the compensation and justice you deserve. Contact us today for a compassionate consultation, and let us help you protect your family’s future.
