Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. Beyond the emotional devastation, families are often left with medical bills, funeral costs, and the loss of financial support. At Geoff McDonald & Associates, we help families across Virginia seek justice and accountability through wrongful death claims.

If you’re unsure how the process works, this guide will walk you through each step — from who can file to what happens in court — so you can focus on healing while we handle the legal details.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought when a person’s death results from another party’s negligent, reckless, or intentional act. In Virginia, these cases are governed by the Virginia Code.

Unlike criminal cases that seek punishment, a wrongful death lawsuit is about financial recovery for the surviving family — covering things like:

Funeral and burial costs
Medical expenses related to the injury that caused the death
Loss of income and benefits
Emotional suffering and loss of companionship

At Geoff McDonald & Associates, we understand that no amount of money can replace your loved one. But a successful claim can hold the responsible party accountable and help provide financial stability for your family’s future.

Step 1: Determining Who Can File

In Virginia, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is usually the executor named in the will. If there’s no will, the court can appoint someone — typically a close family member — to act as the personal representative.

The beneficiaries who may receive compensation typically include:

The surviving spouse and children
The deceased’s parents, if there is no spouse or child
Siblings or other dependent relatives in some cases

Step 2: Investigating the Case

Once you contact us, our legal team immediately begins a thorough investigation into the cause of death. This may involve:

Reviewing police or accident reports
Interviewing witnesses
Consulting medical and accident reconstruction experts
Gathering medical and employment records

Our goal is to determine exactly how the negligence occurred and who is legally responsible — whether it’s an individual, a business, or even a government entity.

Step 3: Calculating Damages

A wrongful death claim in Virginia allows families to seek compensation for both economic and non-economic losses.

Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover emotional harm and loss of companionship. In some cases, punitive damages may also apply if the at-fault party acted with extreme recklessness or intentional misconduct.

We work closely with financial and vocational experts to accurately assess the lifetime value of the losses your family has suffered.

Step 4: Filing the Lawsuit

Virginia law requires that a wrongful death lawsuit be filed within two years of the date of death, according to the statute of limitations. Missing this deadline could permanently bar your right to recover compensation.

At Geoff McDonald & Associates, we handle every aspect of the filing process, from preparing legal documents to negotiating with insurance companies and opposing counsel.

Step 5: Negotiation and Settlement

Many wrongful death cases settle before going to trial. Once we’ve gathered all evidence, we present a detailed demand package to the insurance company, outlining your damages and legal basis for recovery.

Our attorneys are skilled negotiators who will fight to secure the maximum possible settlement for your family. However, if the insurance company refuses to act fairly, we’re fully prepared to take your case to court.

If your case goes to trial, we’ll present compelling evidence and expert testimony to demonstrate how the defendant’s actions directly caused your loved one’s death.

Virginia juries are often sympathetic to families who have lost someone through negligence — but they also expect clear, persuasive arguments supported by evidence. That’s why our firm builds every case as if it’s going to trial, even if settlement remains the goal.

When a settlement or verdict is awarded, the court will determine how the damages are distributed among the beneficiaries. This ensures fairness and compliance with Virginia’s wrongful death statute.

We guide families through this final step with care and transparency, ensuring you receive what you’re entitled to.

Our firm handles a wide range of wrongful death cases, including:

If you believe your loved one’s death was caused by another’s carelessness, don’t wait to seek legal guidance. You can learn more about your rights under Virginia law by visiting our wrongful death resource center.

Compassionate Guidance When You Need It Most

At Geoff McDonald & Associates, we know that filing a wrongful death claim can feel overwhelming. Our team is here to provide personalized support, clear communication, and aggressive representation every step of the way.

If you’ve lost a loved one due to someone else’s negligence, contact us today for a free consultation by filling out the form, or give us a call at (540) 371-1612 to learn more about your legal options

Common Questions About Wrongful Death Lawsuits in Virginia

How long does a wrongful death case take in Virginia?
The timeline varies, but most cases take six months to two years, depending on the complexity of the case and whether it goes to trial. Cases that settle early may resolve faster, but our priority is always achieving the best possible outcome, not the fastest.
Can more than one person file a wrongful death lawsuit?
No. Only the personal representative of the estate can file the lawsuit on behalf of all eligible beneficiaries. However, multiple beneficiaries can share in the compensation once the case concludes.
What if the person responsible also faces criminal charges?
A criminal case (such as manslaughter) is separate from your civil claim. Even if the defendant isn’t convicted in criminal court, you can still win damages in a wrongful death lawsuit since the burden of proof is lower.
Do I need to go to court?
Not always. Many wrongful death cases settle without ever stepping inside a courtroom. Our goal is to handle everything on your behalf — and only go to trial if it’s the best way to secure justice for your family.

The Process of Filing a Wrongful Death Lawsuit in Virginia