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Understanding Virginia Wrongful Death Law and How You Can Receive Compensation for Your Emotional Loss
If you’re enduring the heartbreak of losing a loved one, a lawsuit may not be top of your mind. However, if your loved one’s death was caused by the negligent or reckless actions of another person, you may be eligible for compensation related to your loss – compensation that can help you with the difficulties and expenses related to your loss.
Unfortunately, many insurance companies don’t take emotional losses into consideration when making a settlement offer. At Dulaney, Lauer, and Thomas, we have experience seeking compensation for those suffering the mental anguish of losing a loved one. We’ll help you seek fair and reasonable compensation that takes your personal devastation into consideration.
Types of Compensation You May Receive in a Wrongful Death Claim
Virginia Code §8.01-52 lays out the types and amounts of damages you can receive in a wrongful death claim. “Fair and just” compensation can be provided for:
- Emotional distress
- Mental anguish
- Sorrow
- Psychological loss
- Loss of solace, including any affection, comfort, companionship, or advice the deceased may have provided over the course of a natural lifetime
A full wrongful death case may include more avenues of compensation, including:
- Medical bills, including your loved one’s ambulance transportation, emergency room treatment, medications, surgeries, and more
- Funeral and burial costs, including for a headstone, burial, funeral service, flowers, and transportation
- Loss of income if your loved one supported you financially. The value of these damages are determined based on their earning history, work-life expectancy, income projections, and more.
- Punitive damages if the at-fault party exhibited a reckless disregard for safety
Who is Eligible to File a Wrongful Death Claim in Virginia?
The state of Virginia only allows the deceased’s personal representation (or executor) to file a wrongful death claim. If successful, however, the money from the wrongful death claim goes to the deceased’s beneficiaries. This may include a spouse, children, parents, siblings, other dependent relatives, and beneficiaries named in the deceased’s will.
Determining Whether or Not You Have a Valid Wrongful Death Claim
The general definition of a wrongful death case is one in which the reckless or negligent behavior of one person caused the death of another. Some of the most common incidents that lead to wrongful death claims include:
- Motorcycle or car accidents
- Truck accidents
- Medical malpractice
In wrongful death cases, the party filing the lawsuit carries the burden of proving that there was a duty of care that the other party breached. Proving such cases can be difficult, which is why it’s important to consult an experienced wrongful death lawyer to help you navigate the complexities of your particular case.
The Statute of Limitations for Wrongful Death Suits in Virginia
The statute of limitations for wrongful death cases varies by state. In Virginia, executors of the deceased’s estate have two years to file a lawsuit. This two-year period begins on the date of death rather than the date of the incident if they are different.
How a Virginia Wrongful Death Attorney Can Help You
Attorneys with experience in wrongful death cases bring an in-depth understanding of the case law surrounding both wrongful death and liability. An experienced wrongful death attorney can help you navigate the complexities of your case in several ways, including:
- Gathering and examining all relevant evidence around the incident to find reasonable proof that the opposing party engaged in negligent or reckless activity that caused the death of your loved one
- Examining the deceased’s medical records
- Speaking with insurance companies and other parties on your behalf
- Advising you about each next step forward, including whether or not to accept settlement offers
Our Warren County wrongful death lawyers will work to find out the truth. We know that there is no way to compensate you for the emotional loss you suffered with the death of your spouse, parent, or child. We know that any legal compensation is going to be inadequate. Yet, we also believe that, while imperfect, financial compensation is the only means of compensation that can be offered to you.
If a fair settlement cannot be reached, then your Virginia wrongful death lawyer will zealously advocate for your full recovery of emotional damages in court.
