Richmond Wrongful Death Attorneys

Serving Families Throughout the State of Virginia in Their Time of Need

If you have lost a loved one to the careless or reckless actions of another, reach out to Page Law Firm, P.C. for the compassionate and competent representation you and your family deserve. Since 1982, our experienced Richmond wrongful death attorneys have been standing up for the rights of Virginia families whose loved ones have been impacted by negligence. We have what it takes to advocate for your right to fair compensation while you concentrate on more important things, like spending this time with your loved ones. We will secure the fair and just compensation you and your family deserve.

You need to consult our Richmond wrongful death lawyer before talking to a representative of the insurance company. Call (804) 352-2030 or contact us online to learn all about your legal rights and options after losing a loved one in Virginia. 

What Is Wrongful Death?

A wrongful death lawsuit in Richmond is initiated when a loved one is harmed as a result of someone else's negligence. The surviving dependents and beneficiaries of the decedent are entitled to monetary damages for the loss of their loved one.

Wrongful death actions are controlled by the Virginia Statute. Under the Code of Virginia § 8.01-50, wrongful death is defined as a loss of life caused by "the wrongful act, neglect, or default of any person or corporation." This means you can hold an individual or an entity legally liable for a loved one’s death.

Common Causes of Wrongful Death in Richmond

Wrongful death can be caused by any negligent act, such as:

• Commercial vehicle accidents
• Common carrier accidents
• Criminal acts (Virginia law states that a wrongful death claim can be filed even if the act that caused the death was a felony)
• Defective products
• Medical malpractice
• Motor vehicle accidents
• Nursing home neglect and abuse
• Workplace accidents

Who Is Eligible to File for a Wrongful Death Claim?

In the state of Virginia, wrongful death claims may be filed by:

• First, the decedent’s surviving spouse, children, and/or grandchildren take precedence.
• If there is no surviving spouse, children, or grandchildren, then the surviving parents, siblings, and/or any relatives who were dependent on the deceased.
• Finally, if none of the above are present, any surviving family member entitled to inherit the decedent’s estate under Virginia law can file a claim for wrongful death.

The right to file a wrongful death claim is an important legal tool for families seeking justice and compensation for their loss. Understanding the hierarchy of eligibility can clarify any confusion and help families identify who should take the legal initiative to file the claim. Ensuring that the right individual steps forward can make a significant difference in how smoothly the process unfolds, and can help preserve family unity during an already difficult time.

What Damages Could Be Recovered in a Wrongful Death Claim?

When pursuing a wrongful death lawsuit, understanding the potential damages that could be recovered is crucial. While every case is unique, some common damages that could be recovered in a wrongful death claim include:

• Economic Damages: These damages cover the financial losses directly associated with the wrongful death, such as medical expenses, funeral costs, and the deceased’s lost income and benefits.
• Non-Economic Damages: Non-economic damages address the intangible losses experienced by the surviving family members. This may include compensation for the pain, suffering, and emotional distress resulting from the loss of a loved one.
• Punitive Damages: In certain instances involving egregious negligence or intentional misconduct, punitive damages could be awarded. These damages are intended to penalize the responsible party and prevent similar actions in the future.

What Is the Statute of Limitations for a Wrongful Death Claim in Virginia?

It is essential to be aware of the statute of limitations when pursuing a wrongful death claim in Virginia. The statute of limitations helps set a timeframe within which legal action must be initiated. In Virginia, the statute of limitations for wrongful death claims is typically two years from the date of the deceased person’s death.

Time is of the essence, and delaying legal action may result in the forfeiture of the right to seek compensation. We are dedicated to guiding clients through the legal process efficiently and ensuring all necessary steps are taken within the prescribed timeframe.

Common Mistakes in Filing a Wrongful Death Lawsuit in Richmond

Filing a wrongful death lawsuit in Richmond without thorough knowledge can lead to several common mistakes, which may inadvertently weaken the claim. One frequent mistake is underestimating the importance of documentation. From medical records to accident reports, comprehensive documentation is necessary for substantiating a claim and influencing its outcome. Ensuring the preservation and collection of such documents promptly can make a substantial difference.

Another mistake involves communication with insurance companies. Insurance representatives might seek to settle quickly before you consult with a legal professional, sometimes offering settlements that fall far short of covering the full damages. It's vital to have legal guidance before engaging with insurance adjusters. Additionally, missed deadlines due to unfamiliarity with legal procedures can bar claimants from seeking compensation altogether. Consulting with a wrongful death attorney Richmond can prevent these pitfalls, offering guidance through each step to ensure that all necessary actions and documentation are completed by deadlines.

How to Bring a Wrongful Death Claim in Virginia

In order to hold a defendant responsible for a wrongful death, it must be proven that the conduct of the defendant was the cause of the decedent’s death. To satisfy this requirement, it is not necessary to show that the defendant was the only responsible party. However, a connection must be established between the defendant’s conduct and the injury. It must be shown that the injury would not have occurred without the action of the defendant(s).

Example: A victim (married with children) is injured in a severe auto accident caused by the negligence of the defendant. The victim is hospitalized and sues the defendant but dies before the case is heard from the injuries sustained from the car crash. The claim survives the death of the victim. The surviving beneficiaries may bring a wrongful death action.

Under Virginia law, a claim for wrongful death must be brought by the personal representative of the deceased. The personal representative can be the administrator or executor of the estate as appointed in the will of the deceased. If no executor is named, the clerk of the court can appoint a personal representative for purposes of pursuing the civil claim on behalf of the deceased’s beneficiaries.

Contact Our Wrongful Death Attorney in Richmond Today

Losing a loved one is an unimaginable tragedy. At Page Law Firm, P.C., we have represented families who have lost loved ones as a result of someone else’s negligence, so we understand how to help you navigate these trying times.

If you or a loved one has suffered a serious injury or death as a result of an accident, please immediately contact Page Law Firm P.C. for an initial free consultation. We will promptly review your information and respond. Remember, YOU NEED TO CONSULT AN ATTORNEY BEFORE TALKING TO A REPRESENTATIVE OF THE INSURANCE COMPANY. Otherwise, you may be talked out of a fair settlement or lose your opportunity to obtain compensation entirely.

For your free initial case evaluation, call (804) 352-2030 or contact our firm online using our secure contact form. Our Richmond wrongful death attorneys are here for you and your loved ones.

FAQs About Wrongful Death Claims in Richmond

What Steps Should I Take After a Wrongful Death?

Experiencing the loss of a loved one to wrongful death can be overwhelming, but taking immediate steps can aid in preserving the integrity of a future claim. The first action is ensuring that there is adequate documentation of the incident. This includes gathering all relevant medical reports, police records, and any eyewitness accounts. Documenting these can strengthen a claim by painting a factual picture of events leading to the death.

Subsequently, contacting a wrongful death attorney in Richmond is crucial. Legal professionals can help evaluate the circumstances, determine viable next steps, and ensure that all statutory deadlines are met. Preserving evidence, such as communication with any involved parties and keeping records of medical and funeral expenses, is also important. These measures collectively help ensure that a solid foundation is laid for building a wrongful death claim, maximizing the potential for a favorable outcome.

How Is Liability Determined in a Richmond Wrongful Death Claim?

Liability in wrongful death claims is established through a thorough investigation into the causes and circumstances surrounding the death. This begins with analyzing evidence collected at the scene, witness statements, and testimonies that can corroborate the sequence of events. Each piece contributes to forming a detailed narrative about the actions of involved parties.

For instance, in vehicular wrongful death claims, an accident reconstructionist might be consulted to recreate the scenario, providing insights into speeds, directions, and decision-making moments that led to the crash. In medical malpractice cases, opinions from other medical professionals may shed light on breaches in standard care. A Richmond wrongful death lawyer can navigate these complex evaluations, pinpoint responsible parties, and construct a compelling argument based on factual evidence to substantiate the claim.

How Long Does a Richmond Wrongful Death Claim Take to Resolve?

The duration of wrongful death claims varies depending on a multitude of factors, including the complexity of the claim, the willingness of parties to negotiate, and the availability of evidence and resources. Some claims may resolve within several months if parties reach a settlement swiftly, whereas others might extend over years if they go to trial.

Factors like court backlogs, extensive investigations, or the need for multiple testimonies can protract the process. Richmond wrongful death lawyers aim to expedite claims efficiently by preparing thoroughly, gathering evidence upfront, and maintaining strong negotiation stances. While no two claims are similar, setting realistic expectations with legal guidance can provide clarity and prepare families for timelines that best suit their specific circumstances.