Abingdon, Virginia Wrongful Death Lawyer for Accidents, Crashes, and Medical Malpractice

Virginia Wrongful Death LawyerVirginia Wrongful Death Lawyer

For more than 30 years, Abingdon wrongful death lawyer Mark Hurt has represented families who have lost a loved one.  If your family has suffered such loss, we invite you to contact our firm for a free consultation and to learn how we can help in seeking the full and fair compensation that you deserve.

Under Virginia law, a wrongful death is defined as a death “caused by the wrongful act, neglect, or default” of another person.[1]  If you have lost a loved one as a result of someone else’s negligent actions or inactions, you may be able to file a lawsuit for financial compensation.

We understand the financial and emotional hardships that arise after the tragic loss of a family member.  Please call our firm to learn more about the types of damages to which you and your firm may be entitled.

Who Can File a Wrongful Death Case in Virginia?  And Who Can Potentially Recover in a Wrongful Death Case?

If you have recently lost a loved one, we offer our sincerest condolences.  We understand that losing someone close to you can be both psychologically and financially damaging.  Funeral costs and household bills may be mounting, possibly placing you and your family in a position you never anticipated.  Fortunately, the State of Virginia has enacted laws that entitle certain family members to a financial recovery in the event of a wrongful death.

Under Virginia Code, a wrongful death case can be brought by the personal representative of the deceased person.[2]  Those entitled to damages are set forth under the Virginia Code, and depend upon factors such as whether the deceased was married, whether the deceased had children, and whether parents or other family members were financially dependent upon the deceased.

Specifically, Virginia law provides that damages in a wrongful death may be awarded to:

  • The surviving spouse, children of the deceased and children of any deceased child of the deceased, and the parents of the decedent if any of such parents, within 12 months prior to the decedent’s death regularly received support from the decedent, or
  • If there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household, or
  • If the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award will be distributed to the surviving spouse and such parent or parents, or
  • If there are survivors under the first or third category, the award will be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support.[3]

It is important to note, that half-brothers and half-sisters fall within the same class as parents and thus also may be able to recover damages. 

Does the Representative of a Decedent’s Estate Determine Who Gets Financial Recovery in a Virginia Wrongful Death Case?

To proceed with a wrongful death suit, a personal representative of the decedent’s estate must file the claim.  There is a common misconception that the representative has the power to decide to whom the damages will be awarded;  however, a judge will ultimately make this determination.

In the case of a wrongful death settlement, a judge must approve the amount of recovered losses and the recipients.  If a wrongful death case goes to trial, a judge or jury must specify the specific amounts that will be awarded to each party.  In the event that a decedent’s beneficiaries cannot agree on the distribution of a settlement award, a trial or hearing will be conducted to determine the interest that each beneficiary has in the damages.

As an experienced Virginia wrongful death attorney, Mark Hurt can evaluate your situation and help determine if you are eligible to potentially collect on behalf of your deceased loved one.

What Types of Damages Can Be Awarded Collect in a Wrongful Death Lawsuit?

In a wrongful death suit, fair and just damages may be awarded for the following:

  • Sorrow, mental anguish, and solace which may include society, companionship, comfort, and guidance of the decedent;
  • Compensation for reasonably expected loss of income of the decedent and services, protection, care and assistance provided by the decedent;
  • Expenses for the care, treatment and hospitalization of the victim incident to the injury that resulted in the death;
  • Reasonable funeral expenses; and
  • Punitive damages for willful or wanton conduct, or such recklessness as evinces a conscious disregard for someone else’s safety.[4]

How Long Do I Have to File a Virginia Wrongful Death Lawsuit?

Virginia law imposes a two-year statute of limitation (the amount of time you have to file a case) for wrongful death cases.  Simply stated, this means that a wrong death claim must be filed within two years of the date of the decedent’s passing.  If the claim is not brought within the statute of limitations, it may be barred from being heard in court.

Under certain limited circumstances, the two-year statute of limitations may be tolled (such as when a person is disabled at the time of the accident and subsequently dies much later or if the responsible party has concealed its negligence that led to the death).  If it has been more than two years since you lost your loved one, we may be able to help determine if your case qualifies under one of these exceptions.

What Should I Do If I Don’t Have the Money to Hire a Virginia Wrongful Death Attorney?

We understand that after a tragic accident, the financial stability of your family may be in jeopardy.  Therefore, we accept wrongful death and personal injury cases on a contingent-fee basis, and we advance the costs of litigation on behalf of the families who have lost a loved one.  This means that there is no fee for us unless and until you receive compensation.  Costs and advanced fees are typically deducted from the final settlement or award; these and other financial matters concerning representation will be disclosed in our representation agreement so that you know exactly what to expect when you hire our firm.

Why Should I Get Help from The Law Office of Mark T. Hurt

For over three decades, our firm’s founder, Mark Hurt, has been vigorously litigating on behalf of Virginia clients to help hold parties responsible for their negligence.  When you hire the Law Offices of Mark T. Hurt, you will not be passed off to a junior associate; Mark will personally represent you.  You can rest assured that a seasoned and skilled litigator is working to protect your legal rights.

We represent clients in all types of wrongful death cases, including:

  • Car and vehicle crashes and accidents
  • Medical malpractice cases
  • Commercial truck crashes
  • Motorcycle and bicycling accidents
  • Defective products
  • Falls
  • Pedestrian fatalities
  • Boating fatalities
  • Workplace fatalities (in suing non-employer responsible parties)

Mark graduated with honors from Duke Law School, and has litigated in Virginia state courts, as well as federal courts, including our nation’s highest, The United States Supreme Court.  As a wrongful death attorney, Mark is known as a meticulous and experienced lawyer who fights zealously to get clients the fair settlement or award they deserve.

If you have lost a loved one and want to hold those responsible accountable, call today for a free consultation to learn about how we can help you and your family.


[1] Va. Code Ann. § 8.01-50

[2] Va. Code Ann. § 8.01-50

[3] Va. Code Ann. § 8.01-53

[4] Va. Code Ann. § 8.01-52

What Our Clients Say

A very professional team who understands the stress of being in an accident. Our paralegal, Courtney Cormier, made us always feel as if things were being taken care of and it was nice to be worry free.
Kristina Murray
Kristina Murray
18:29 03 Mar 21
Diana Phipps
Diana Phipps
13:46 03 Mar 21
After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
I could not be more pleased with the service I received. He is a wonderful lawyer and he gets the job done.
Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
This law firm has great people skills and are very professional and efficient I would definitely recommend anyone to this law firm.
Lucas Green
Lucas Green
18:06 06 Dec 20
Courtney done a very good job with my case at the abingdon va office very quick and efficient great job highly reccomended my auto accident was in may and alreadh we have settled for maximum amount thanks so much
James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
My lawyer Courtney in charge of my case was very professional, and very responsive to my personal injury and auto claim. She had it settled in a timely manner very polite and I would recommend this office to anyone.
Samantha Mays
Samantha Mays
21:28 06 Nov 20
I would highly recommend this law firm! Courtney helped me with my personal injury case, she answered all my questions and was always responsive throughout the entire process.She advocated for me efficiently and strived for the best possible outcome.
SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
Mark and his team were very professional and courteous. They done a excellent job with my traffic ticket. I would highly recommend them.
Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
16:33 15 Oct 20
Friendly. Efficient. Professional.I’m thankful!
Moody Witoutcoffee
Moody Witoutcoffee
03:56 09 Oct 20
Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
00:06 06 Oct 20
Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
Flavia Oliver
Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
I highly recommend anyone to choose The Law Offices of Mark T. Hurt for their issues! They were extremely nice, helpful, and professional, especially Courtney! Every question and concern was always answered. I am thankful for all their help!!
Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
They were very helpful, and answered all of the questions I had, and got great results from my court hearing, I would highly recommend!
Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
This law firm is the best of the best and Courtney was just wonderful in every aspect. Extremely helpful and answers every question and always willing to help! Mark Hurt and his crew are the best! Thank you all for helping my family in a very difficult time. Highly recommend.
Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
I highly recommend this law firm! Rhonda answered all my questions regarding social security questions and she put my nerves at ease! Im so thankful for her kind spirit and her honesty!
Catina Ratliff
Catina Ratliff
17:51 05 Sep 20
The law offices of mark hurt was very good to me and my family great people great service and great results courtney was our paralegal that presided over the case could not have asked for more to be done.
Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
Having landed a Reckless Driving (99 in a 65) on my way back to FL from WV, I came across this law firm when searching something along "best reckless driving lawyers Virginia."Mr. Hurt's firm dropped my "Criminal Misdemeanor" to an improper driving. Which from my understanding is right next to a normal speeding ticket.All expenses accounted (payment, court cost, fine), I'm out roughly $1,100 ; but I'd much rather pay that once today, than every six months to an insurance company for the next... God knows how many years. I am extremely grateful and overjoyed with my outcome.As far as speaking with the great ladies at these offices, everyone was always kind, quick, and considerate. They answered all my questions, explained all my options and possible outcomes. I had a clean record, and had now experience dealing with courts or lawyers, so their patience and knowledge was especially helpful. If I ever screw up again (I pray to God I don't) I hope it's in Virginia, so I can call upon Mr. Hurt's offices.
Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
I would like to thank Hope for helping me get my SSDI. She was a true professional a great help with my success. great asset to the law firm and honest lady could not ask for anyone better. Thank You, David
David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
jose feliz
jose feliz
22:14 18 Aug 20
I got stop in wyth county saw good reviews on Law of Mark, i can say i highly recomend them, got stop 79mph on a 60mph, they all i had to pay was a low amounth of $200 fine plus court cost $76 and they got me out with zero point infraction, if you looking for lawyer on traffic tickets here its the place to go with! Very professional and representatives will be there to help any time!
Brisio Gaza
Brisio Gaza
23:12 15 Aug 20
This law firm is the up most professional and highly knowledgeable in it's field of work. Courtney is awesome and a pleasure to work with she is the best at her job. We highly recommend this law firm!
Christy Statzer
Christy Statzer
02:52 11 Aug 20
Courtney Cormier and the law office, was amazing! Courtney was very efficient, timely, and responsive. I had an issue with a previous employee, but due to that, Mr. Hurt wanted to ensure that I was completely satisfied, so he made adjustments on his fee, just to make sure I was happy! You couldn't ask for a better paralegal or law office! I highly recommend this firm!
Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
Great experience with Courtney Cormier! Thanks for the professional help!
Alisha Fagan
Alisha Fagan
16:26 20 Jul 20
Thank you for doing the best you guys did an amazing job with my case I appreciate everyone that worked on my case I definitely recommend this law firm!!
Abdullah Shaikh
Abdullah Shaikh
14:56 16 Jul 20
Great people! Very helpful and professional.
Heather Foster
Heather Foster
21:53 15 Jul 20
Wonderful, family oriented law firm. The staff are very attentive and courteous especially Courtney. I highly recommend this legal establishment!
Duane Cormier
Duane Cormier
17:25 15 Jul 20
Amazing group of people to work with Courtney is fantasticI would highly recommend this group
Kara Ginter-Hensley
Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
They are a hard working team that care about their clients.
Frederick Baker II
Frederick Baker II
05:13 26 Jun 20
Fast, professional, and friendly. One of the best we have had for our family case and would HIGHLY recommend!!
Jonathan Mora
Jonathan Mora
19:13 04 May 20
I had a summons to court for reckless driving doing 82/70, and they took care of it without a problem and got it dismissed for me! They also work with you on your payments! Rhonda is the sweetest person I’ve ever spoke too, she worked with me and helped me tremendously! I highly recommend you choose this amazing and sweet firm to help your cases! ❤️
Aleah Nicole
Aleah Nicole
13:46 11 Apr 20