Virginia Wrongful Death Lawyer - Lawsuits

Virginia Wrongful Death Lawyers

No matter the circumstance, losing a loved one is always hard. But losing a loved one because of someone else’s carelessness can feel like an injustice. In some cases, it’s just that. Navigating the legal waters surrounding their death – while grieving – can be overwhelming. That’s where we come in. Virginia wrongful death attorney Richard Serpe represents families who have lost a loved one because of someone else’s negligence. The Virginia Wrongful Death Act provides a framework to compensate family members for those losses.

 5 Important Things to Know About Virginia Wrongful Death Cases

  1. Types of Wrongful Death Cases
  2. Settlements & Compensation
  3. Who Can Sue for a Wrongful Death?
  4. Important Time Deadlines
  5. Contact a Wrongful Death Lawyer

Types of Virginia Wrongful Death Cases

Car accidentsdrunk driving accidentstractor-trailer accidentsmotorcycle accidentsmaritime, shipping, boating, cruise ship accidents, nursing home negligence, pedestrian and bicycle accidentsdefective products including defective medical products and drugs, dangerous conditions in buildings and roadways, gross negligence of doctors and hospitals.

Settlements & Compensation

Depending on the specifics of the accident, the family 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 main financial support of the family has been killed, 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 can be included in a wrongful death settlement.
  • Punitive damages. Particularly negligent drivers 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 is irreplaceable. Compensating a family following the wrongful death of a family member is the fair thing to do.

Who Can Sue for Wrongful Death in Virginia?

Virginia has a strict legal system – the requirements for bringing wrongful death cases can be confusing. These cases need to be brought by a qualified personal representative of the estate. 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. The Virginia wrongful death lawyers at our firm combine experience with hard investigative research to help win your case.

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

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What compensation is available in a wrongful death case?

A: Depending on the specifics of the accident, certain family members 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 main financial support of the family has been killed, 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 can be included in a wrongful death settlement.
  • Punitive damages. Particularly negligent acts 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 is irreplaceable. Compensating a family following the wrongful death of a family member is the fair thing to do.

Virginia Code § 8.01-52 Amount of damages


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

Who can be considered a beneficiary of a wrongful death victim?

Virginia Wrongful Death Beneficiaries

Virginia wrongful death cases need to be brought by a qualified personal representative of the estate. Virginia limits the individuals who can sue for wrongful death, otherwise known as the “statutory beneficiaries.” In Virginia, the surviving spouse or children of the deceased can be considered a beneficiary.  If neither the spouse or children are surviving other beneficiaries may be determined.

Beneficiaries may include:

  • the spouse of the deceased person
  • the children of the deceased person
  • the parents and siblings of the deceased
  • any relative who shares the deceased person’s home
  • any relative who inherited the deceased’s estate

Certain family members may also be able to make a wrongful death claim together.

Wrongful Death Settlements & Compensation

Depending on the circumstances of the accident, the family of the victim may be entitled to one or more of the following types of damages:

  • Medical costs. Costs for care, treatment and hospitalization to save your loved one may be recouped.
  • Lost wages. When the main financial support of the family has been killed, 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 can be included in a wrongful death settlement.
  • Funeral costs.
  • Punitive damages. Particularly 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.
  • Sorrow, mental anguish, and loss of companionship.

Statute of Limitations (Deadlines)

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 are here to help you and your family. Our firm has helped those injured or killed 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 Virginia Code § 8.01-53 – Class and beneficiaries; when determined

When must a Virginia wrongful death lawsuit be filed?

Virginia Wrongful Death Statute of Limitations

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 are here to help you and your family. Our firm has helped those injured or killed 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

What is 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

How do I find the best lawyer for my injury case?

A: The best way to find the right lawyer is to know what questions to ask before you hire the lawyer for your case.

  • How long has the lawyer practiced law?
  • What percentage of your practice is devoted to handling injury cases?
  • Have you ever spoken to groups of other lawyers and professionals about auto accident cases and auto insurance laws?
  • Do you have any board certifications or advanced degrees in the practice of law?
  • Have you served in any leadership roles in local bar associations?
  • What kinds of settlements have you received for your clients?

Personal Injury Lawyers at the Law Offices of Richard J. Serpe, PC

The lawyers at the Law Offices of Richard J. Serpe, P.C. will give you honest answers to those questions. Our lawyers have represented injury victims and their families throughout Virginia and around the country for over 29 years. Our lawyers have thorough knowledge, expertise, and experience in handling injury cases and understand how to handle difficult cases to best represent our clients. Many of our clients are referred to us by those who have placed their trust in us to represent them, as well as their family members, friends, and colleagues. We also receive many referrals from other lawyers, and from medical professionals who recognize that we are the law firm with the expertise to represent their clients and patients. If you’d like to discuss your accident, contact us to setup a free consultation 877-544-5323.

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