Compensation in wrongful death cases can benefit the family of a deceased person who died because of injuries sustained by another person’s negligence. Your experienced personal injury attorney can explain compensation for wrongful death losses in Virginia in your case. Knowing the basics of wrongful death claims and compensation is the first step in pursuing compensation.

What Can Lead to Wrongful Death Claims?

Wrongful death claims fall under the umbrella of personal injury law. Lawsuits against a negligent defendant are civil suits where you (the plaintiff) may win monetary damages for your losses. Common causes of wrongful death lawsuits include:

Car accidents
Truck accidents
Motorcycle accidents
Slip and fall accidents
Medical malpractice
Criminal acts

In cases where a crime caused the wrongful death, the defendant may face a wrongful death civil suit from the family of the deceased person while also facing criminal charges from the state. However, the burden of proof for you is much lesser in the wrongful death case than in the criminal case.

Who Can File a Wrongful Death Claim?

The law limits who may recover for wrongful death losses in Virginia. Only the decedent’s “statutory beneficiaries” may file a wrongful death claim, including:

A surviving spouse, child, or descendants
Surviving parents or siblings if there is no surviving spouse or descendants
A surviving dependent relative who lived in the same home if there is no surviving spouse, descendants, parents, or siblings
Any other surviving heir according to Virginia’s intestate succession laws if there are no surviving family members listed above

Types of Compensation in Wrongful Death Claims

If your family member died due to someone else’s negligence, you may pursue monetary damages from the liable party responsible for your loss. You may bring a wrongful death lawsuit against the negligent party to pursue economic damages, noneconomic damages, and possibly even punitive damages.

Economic Damages

Economic damages are those that have a clear monetary value. Economic damages may include:

Burial expenses
Reasonable funeral expenses
Medical expenses for the decedent’s injuries that led to the wrongful death claim
Lost wages from the decedent’s time off of work due to their injuries
Lost future expected income had the decedent lived

Noneconomic Damages

Noneconomic damages cover losses that don’t have a clear monetary value but have intrinsic worth to the surviving family members. Noneconomic damages can include:

Mental anguish
Loss of companionship, guidance, comfort, society, etc.
Loss of household services that the decedent contributed to support
Loss of protection, assistance, and care

Punitive Damages

If the defendant’s actions that led to the death of your loved one were intentional, reckless, or malicious, the court may award punitive damages to punish the defendant for their wrongdoing. Virginia caps punitive damages at $350,000. However, this amount, along with economic and noneconomic damages, can greatly affect the final compensatory award.

Statute of Limitations for Wrongful Death Claims

To seek compensation for the untimely loss of your loved one, you must file your wrongful death claim in a timely manner. Virginia has a two-year statute of limitations beginning from the date that your loved one passes away. If you fail to file your claim in time, it’s likely that the court won’t hear your case.

Contact a Wrongful Death Attorney in Virginia

When you need help recovering compensatory damages for wrongful death losses in Virginia, contact our attorneys at Geoff McDonald & Associates. We have offices in Richmond and Virginia Beach, VA, and have proudly represented injured clients for over two decades. Call us today at (804) 888-8888 or contact us online to schedule a consultation with a wrongful death attorney.

What Losses Will a Successful Wrongful Death Case Cover in Virginia?