When someone dies due to another person’s negligence or intentional actions, Virginia law allows certain family members to file a wrongful death claim. This claim lets you seek compensation for the losses caused by the death.
Who can file a wrongful death claim?
Virginia limits who can bring a wrongful death lawsuit. Typically, close relatives such as the surviving spouse, children, or parents may file. If no close relatives exist, other family members may qualify under specific conditions.
What damages are recoverable?
State law allows you to claim damages for financial losses like lost income and medical bills. You can also seek compensation for non-economic losses such as pain and suffering experienced by the deceased before death.
How does Virginia law define wrongful death?
Virginia Code § 8.01-50 defines wrongful death as a death caused by wrongful act, neglect, or default of another. This includes deaths from negligence, intentional harm, or hazardous conditions that could have been prevented.
What is the timeline to file?
You must file a wrongful death claim within two years from the date of the death. Missing this deadline can bar your claim.
Understanding the process
Filing a wrongful death claim involves gathering evidence to prove fault, demonstrating damages, and often negotiating with insurance companies or defendants.
Virginia law gives families a way to recover losses after a loved one’s death caused by another’s fault. Understanding the intricacies of the process will help you better understand your rights and know whether or not you can file a suit after losing someone close to you.