Richard Serpe named “Lawyer of the Year” by Best Lawyers for Personal Injury Litigation – Plaintiffs, Norfolk (2020)
If your loved one was killed in an accident, you’re probably grief-stricken. The loss of companionship and affection is irreplaceable.
You may be worried about medical bills, funeral costs, and not to mention the loss of future income for your family. The emotional loss cannot be understated, either. In Virginia, certain family members may bring a claim for the losses they have suffered from the death of a loved one.
Virginia Wrongful Death Lawyer FAQs
- About Virginia Wrongful Death Claims
- Who can sue for wrongful death in Virginia?
- Types of Settlements and Compensation
- Types of Wrongful Death Cases
- Cirtical Time Deadlines for Virginia Wrongful Death Claims
Virginia Wrongful Death Claims
The Virginia Wrongful Death Statute provides a framework to provide certain family members for the losses they have suffered from a wrongful death. Our firm has the experience to represent families who have lost a loved one to obtain compensation for losses; including sorrow, loss of services, protection and care, funeral and fuel expenses and, punitive (or punishment) damages where death results from the willful or wanton conduct or recklessness of the defendant.
Who can sue for wrongful death in Virginia?
Virginia has a strict legal system – the requirements for bringing wrongful death cases can be confusing. Wrongful death cases must be brought by a qualified personal representative of the estate. Furthermore, inexperienced lawyers can permanently destroy your rights.
Virginia limits the individuals who can sue for wrongful death, otherwise known as the “statutory beneficiaries.” Inexperienced lawyers, who do not understand wrongful death law and procedures, frequently fail to gather all evidence of damage. Even worse, they sometimes fail to compensate the true beneficiary under Virginia law.
Settlements and Compensation
Depending on the circumstances of the accident, certain family members of the victim may be entitled to one or more of the following types of damages:
- Medical Costs. The medical procedures attempted to save your loved one need paid for – but the family of the victim should never be responsible for those bills. Our team can help recoup the costs of the critical and often expensive care given to the victim.
- Lost Wages. When the victim is the main source of financial support for the family, their survivors must deal with the financial ramifications of the loss on top of their grief. The loss of the victim’s future earning potential may be included in a wrongful death settlement.
- Punitive damages. Negligent defendants are sometimes punished for their actions through these kinds of damages. They can discourage the negligent party from ever acting so carelessly again.
- Wrongful death. On top of the funeral costs medical bills and lost future earnings, the emotional blow of losing a loved one cannot be undervalued. Companionship and affection are irreplaceable. Compensating a family following the wrongful death of a family member is the fair thing to do.
Types of Wrongful Death Claims
The Law Offices of Richard J. Serpe, PC has helped families who have suffered the loss of a loved one for over 33 years. Examples of cases that we have handled include:
- Wrongful death of drivers and passengers of car accidents
- Death of motorcyclists
- Death caused by drunk drivers
- Fatal dog attacks
- Tractor-trailer and commercial vehicle
- Maritime, shipping, boating, cruise ship
- Nursing home negligence
- Pedestrian wrongful death accidents
- Bicycle wrongful death accidents
- Birth injury
- Child wrongful death accidents
- Defective products including defective medical products and drugs
- Dangerous conditions in buildings and roadways
- Medical malpractice
Time Deadlines Virginia Wrongful Death Cases
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 may 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.