Losing a loved one because of someone else’s careless or reckless actions is one of the hardest things a family can go through. In Virginia, a wrongful death lawsuit gives certain individuals a legal way to seek compensation when a person dies due to someone else’s fault.
Who can file a wrongful death suit in Virginia? That’s often the first question grieving families ask when they consider taking legal action. Knowing the answer matters because Virginia’s laws don’t allow just anyone to file the lawsuit. The state has specific rules about who can bring a wrongful death claim and who may receive any compensation.
Virginia requires a legal representative to bring the claim on behalf of certain beneficiaries. This setup creates a few extra steps but also helps ensure that only one claim moves forward, preventing confusion or conflicting lawsuits.
If you’ve lost someone and think someone else caused their death, reach out to a wrongful death attorney near you. A free consultation can help you understand your rights and next steps.
Virginia’s wrongful death statute
According to Virginia law, a wrongful death occurs when a person dies because of another person’s wrongful or careless act.
Examples include:
- A driver runs a red light and kills someone in a crash.
- A company sells a faulty product that causes a fatal injury.
- A medical provider makes a serious error that results in death.
Virginia law allows survivors to seek damages when deaths happen under these types of circumstances.
Time limits for filing claims
Virginia gives families two years from the date of death to file a wrongful death lawsuit. This is known as the statute of limitations. If no claim is filed within that time, the right to sue usually disappears.
However, exceptions may apply. For example, if a government agency caused the death, strict notice rules may shorten the time you have to act. The safest move is to speak with an attorney right away to avoid losing your right to compensation.
Legal requirements for valid claims
To bring a valid claim, the personal representative must:
- Show that another party’s actions caused the death
- Show that the deceased would have had a valid personal injury claim if they had lived
- File the case in the right court within the legal time limit
- Have legal authority as the estate’s representative
The court will then consider if the claim meets Virginia’s standards.
Who has the right to file a wrongful death lawsuit in Virginia?
In Virginia, not just anyone related to the deceased can file a wrongful death lawsuit. The law requires a specific person to do it: the personal representative of the estate.
The personal representative’s primary role
The personal representative is usually named in the deceased person’s will. This person takes charge of handling legal and financial matters on behalf of the estate. In a wrongful death case, the representative brings the lawsuit in court, but the money goes to the beneficiaries, not to the estate itself.
Court-appointed representatives when no will exists
When there’s no will, or no personal representative has been appointed yet, a court must step in and name someone. This could be a spouse, adult child, parent, or another family member with a clear connection to the deceased. The court looks for someone responsible and able to handle the legal duties involved.
Priority order for appointment rights
If multiple people ask to serve as the representative, the court follows a priority order. Virginia law often gives the surviving spouse first rights, followed by adult children, then parents, and so on. If no one from the family steps forward, the court can appoint someone outside the family, like a public administrator.
What family members can recover damages?
Even though the personal representative files the case, the money awarded doesn’t go to them unless they’re also a listed beneficiary. Virginia law identifies specific relatives who may receive compensation from a wrongful death claim.
Surviving spouses
The surviving husband or wife typically ranks first among beneficiaries. If the deceased left behind a spouse but no children or grandchildren, the spouse often receives the full recovery. If there are children or grandchildren, the spouse shares with them.
Children of the deceased
Biological and legally adopted children of the deceased may also qualify as beneficiaries. The law treats adopted children the same as biological ones. Adult children still qualify, and minor children may also receive additional compensation based on their need for care and support.
Parents of unmarried deceased adults
If the deceased wasn’t married and had no children, the parents may recover damages. In cases where only one parent is involved in the person’s life, the court may give more weight to that parent’s claim. Estranged or absent parents may receive less or even none of the award, depending on their relationship with the deceased.
Other qualifying relatives and dependents
In some cases, siblings, stepchildren, or other relatives who relied on the deceased for support may be included as beneficiaries. Virginia allows people who were financially dependent on the deceased and lived in their household to recover damages in certain situations.
Can multiple family members file separate lawsuits?
Virginia law aims to avoid having several wrongful death cases tied to the same person. Only one action can move forward.
Virginia’s “one action” rule explained
The one-action rule says that only one wrongful death lawsuit can be filed on behalf of a deceased person. The law gives the personal representative the responsibility to bring that one case for all beneficiaries. Family members cannot each file their own lawsuits for the same person’s death.
How damages are distributed among beneficiaries
Once a case resolves, whether by settlement or verdict, the court determines how to divide the money among those entitled to recover. Sometimes everyone agrees. Other times, the court holds a hearing to decide a fair distribution.
Factors may include:
- How close each beneficiary was to the deceased
- How much financial support they received
- Their degree of emotional loss
Resolving conflicts between family members
Family disagreements can delay or complicate wrongful death cases. If relatives argue about who should benefit or how much each should receive, the court has the final say. Attorneys can also help work out agreements through mediation or structured settlements.
What happens when there are no qualifying relatives?
When no one qualifies under Virginia law to receive wrongful death damages, other legal processes may apply.
Estate claims vs. wrongful death claims
If no wrongful death beneficiaries exist, the estate may still bring a claim to recover money related to the death. This money may help pay for final expenses, debts, or go to distant relatives under Virginia’s inheritance laws.
When the state may become involved
If no relatives come forward and no heirs are found, unclaimed property may eventually go to the state. This process takes time and usually involves public notices and probate court action.
Creditor rights in these situations
In the absence of close relatives, creditors may submit claims to the estate to recover debts. Funeral homes, medical providers, or others who paid for services related to the death may request reimbursement before any remaining funds are distributed.
Special circumstances in Virginia wrongful death cases
Wrongful death laws apply broadly, but some unique situations may affect who can benefit from a claim.
Deaths involving unmarried partners
Unmarried romantic partners do not automatically qualify as wrongful death beneficiaries in Virginia. Even if they lived together for years, the law does not treat them the same as spouses. However, their children may still qualify.
Stepchildren and adoption considerations
Stepchildren are only considered beneficiaries if they were formally adopted by the deceased. Without adoption, they don’t automatically qualify, even if they had a close relationship.
Cases involving divorced parents
Divorced parents of a deceased child may both qualify to recover damages if the child wasn’t married and had no children. However, the court may look at the closeness of the relationship, especially if one parent had little or no contact.
What types of damages can be recovered?
Wrongful death lawsuits give families a way to recover financial losses and other harms caused by the death.
Economic losses and financial support
These include the loss of the deceased’s income, job benefits, and services they provided. For example, if a father supported his family with his paycheck and managed the household bills, the family may seek compensation for that lost support.
Loss of companionship and guidance
This refers to the emotional loss suffered by spouses, children, and others close to the deceased. It includes things like loss of love, advice, and the everyday relationship that’s now gone.
Medical and funeral expenses
If the deceased received medical treatment before passing or if the family paid for burial costs, the claim can include these expenses. Receipts, bills, and payment records help prove these amounts.
Pain and suffering considerations
In Virginia, beneficiaries may also receive damages for sorrow and mental anguish. This doesn’t require proof of financial loss. The court considers how deeply each person was affected by the death and what that loss means to them.
How our attorneys can help
At Allen & Allen, we know what it takes to pursue a wrongful death claim in Virginia. We offer guidance from the first phone call through the final outcome.
Determining your legal standing to file
We help families find out whether they qualify to file and whether they may recover damages. This includes checking court records, reviewing wills, and getting personal representatives appointed if needed.
Navigating complex family dynamics
Wrongful death cases often involve multiple family members with different relationships to the deceased. We help sort out conflicts and represent your interests through the process.
Maximizing your compensation
We work to uncover every possible source of recovery, from insurance policies to third-party liability. Our goal is to help you recover as much as the law allows.
Handling all legal procedures and deadlines
You won’t have to worry about paperwork, court filings, or deadlines. We handle all of that so you can focus on your family.
Investigating and building your case
We gather police reports, medical records, witness statements, and other evidence to support your claim. We also consult with independent investigators when needed.
Negotiating with insurance companies
We deal directly with the insurance companies so they can’t pressure you into accepting less than you deserve. If the insurer delays, denies, or refuses to make a fair offer, we’re ready to hold them accountable.
Frequently asked questions about wrongful death in VA
What if the person who caused the death has no insurance?
We look for other ways to recover money, such as underinsured motorist coverage or third-party liability. Every case is different, and options may exist even when it seems like none.
What if the person who caused the death fled the scene or can’t be found?
You can still file a wrongful death claim. In many cases, uninsured motorist coverage or other insurance policies may provide compensation even if the at-fault party isn’t identified or located. An attorney can help you explore these options and pursue the claim.
Do I need to live in Virginia to file a wrongful death suit here?
No. The case goes through Virginia courts if the death happened here or if the responsible party is based in Virginia. You can live elsewhere and still file through a Virginia attorney.
What evidence do I need to prove my case?
Strong cases usually include police reports, medical records, expert opinions, witness statements, and financial documents showing the impact of the loss.
Act now to protect your rights
Wrongful death claims in Virginia come with a limited time window. Waiting too long can mean losing your chance to take legal action. The attorneys at Allen & Allen take every client’s fight seriously. We’ll do all we can to help you recover the full amount you’re entitled to based on the law and the facts.
The sooner you contact us, the more we can do to help. Evidence disappears, witnesses move away, and insurance companies take advantage of delays. Let us act quickly to protect your rights and preserve your claim.
Contact us now for a free consultation. You won’t pay anything upfront. We only receive payment if we help you recover money through a settlement or verdict. Let’s talk about your options and your path forward.