Their Negligence Took a Life. Your Family Deserves Answers.

A Claim Built by Statute

Virginia Sets the Rules, and the Clock

How a Wrongful Death Claim Works in Virginia

Under Virginia’s Wrongful Death Act, a claim exists when a death is caused by a wrongful act or neglect that would have supported an injury claim had the person lived. The claim is brought by the personal representative of the estate, and it is brought for the family: the surviving spouse, children, grandchildren, parents, and certain other family members, in an order the statute sets.

The compensation the law allows covers sorrow, mental anguish, and the loss of the person’s companionship, comfort, guidance, and advice; the income and the services, protection, care, and assistance the person would have provided; medical expenses from the final injury; reasonable funeral expenses; and punitive damages where the conduct was willful or wanton. The court oversees how any recovery is divided among the family, and Virginia does not allow a double recovery, so when someone dies of their injuries, a pending injury claim becomes the family’s wrongful death claim.

Two things make early action matter. The deadline is two years from the date of death, and Virginia’s contributory negligence rule applies, so the defense will look for any way to put fault on the person who died. Careful proof, built early, is what protects the claim. The statewide framework is covered in my guide to Virginia personal injury law, and I walk families through the first steps after a loss in what Virginia families need to know after a fatal accident.

Schedule a Consultation

Where We Come In

• ✓ A family member died in a crash caused by another driver
• ✓ A drunk or reckless driver took someone you love
• ✓ A workplace or construction site death should never have happened
• ✓ A dangerous property, product, or medical decision led to the loss
• ✓ The insurance company is already calling with an offer
• ✓ You are not sure who can file, or how the two-year clock applies

Consultation

We listen, explain who can file and how the two-year clock applies, and assess the claim honestly.

Investigation

We preserve the evidence, bring in the right experts, and build the proof of fault and loss.

The Claim

The personal representative is appointed, the claim is filed, and we negotiate or litigate as the case requires.

Resolution

Any settlement or verdict is divided among the beneficiaries with the court’s oversight, and we see it through.

“Families come to me at the worst moment of their lives, and the last thing they need is another burden. My job is to carry the legal weight: the deadlines, the evidence, the insurance companies, so they can focus on each other. Virginia gives grieving families real rights, but those rights have to be exercised carefully and on time. That part belongs to me.”

Common Questions

Answers Before You Call