What is a wrongful death?
A: A wrongful death is a death caused by a wrongful act, negligence, or default of an individual or company.
“Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain action, or to proceed in rem against such ship or vessel or in personam against the owners or those having control of the ship or vessel, then such person, corporation, or ship or vessel which would have been liable, if death had not ensued, shall be liable to an action for damages.”
Virginia Code § 8.01-50: Action for death by wrongful act; how and when to be brought
Time Deadlines for Virginia Wrongful Death Lawsuits
Under Virginia law, it is necessary to file a lawsuit within strict deadlines imposed by law. In many cases, Virginia provides for a two-year deadline also known as a Statute of Limitations. However, special circumstances apply depending on the location of death, the occupation of the decedent, and the application of special state and federal laws. Once you have missed this deadline, you will no longer be able to file a claim.
Contact Our Virginia Wrongful Death Attorneys
The Law Offices of Richard J. Serpe, PC is here to help you and your family. Our firm has helped those injured in accidents that were caused by someone else’s negligence for over 30 years. Contact us to setup a free consultation, to discuss your situation 877-544-5323