Virginia law generally and formally requires a wrongful death claim to be filed by the personal representative of the deceased person’s own estate, not directly by surviving family members themselves regardless of how close their personal relationship was. A Roanoke wrongful death lawyer helps a grieving family fully understand this particular important legal requirement, since the personal representative is often a surviving spouse or adult child formally appointed through the probate process.
A wrongful death claim formally requires the underlying death to result directly from a wrongful act, neglect, or default that would have entitled the deceased person to sue had they actually survived the incident itself. Common situations that give rise to wrongful death claims include:
Establishing conclusively that the death actually resulted from wrongful conduct requires proving the exact same basic negligence elements found in any standard personal injury claim brought earlier while the victim was still alive and able to sue.
Virginia law generally and formally gives the personal representative a full two years from the exact date of death to file a wrongful death lawsuit in court, a deadline entirely separate from the underlying personal injury statute of limitations. Missing this particular important deadline typically bars the claim entirely and permanently under Virginia law, regardless of how clearly the defendant actually caused the death in question.
Virginia law formally designates specific statutory beneficiaries entitled to receive wrongful death damages, generally prioritizing a surviving spouse and any surviving children first among the deceased person’s family members. If no surviving spouse, children, or grandchildren survive the deceased at all, the deceased person’s own parents and siblings can become eligible beneficiaries instead, even entirely without any financial dependence on the deceased during their lifetime together.
Virginia law formally allows recovery for the surviving family’s sorrow and mental anguish, lost income and services the deceased would have provided over their entire remaining lifetime, and reasonable funeral and medical expenses directly connected to the fatal injury sustained in the incident. A Roanoke wrongful death lawyer works closely with qualified financial and vocational professionals to project the deceased’s likely future earnings accurately over what would have been their entire remaining working years and career.
Virginia’s harsh and quite unforgiving contributory negligence rule still fully and completely applies in wrongful death cases, meaning any fault attributed to the deceased person can potentially and entirely bar the surviving family’s claim. Insurance companies routinely and thoroughly investigate carefully whether the deceased contributed in any way to the underlying incident, since even minimal shared fault can completely eliminate the family’s entire right to recover damages under current Virginia law.
Understanding how Virginia law fully and clearly treats wrongful death claims helps a grieving family approach the entire legal process with realistic and well-informed expectations from the very start of the case. The Law Offices of Mark T. Hurt has proudly helped Roanoke area families pursue wrongful death claims for many years, handling matters carefully at every single stage of the entire process. If you recently lost a loved one due to someone else’s careless or negligent actions, reach out today to discuss your specific options and what steps might make the most sense.
