Losing someone you love is a pain no family should carry, and it cuts even deeper when another person’s careless act causes that loss. In the days that follow, legal questions are the last thing you want to think about, yet Virginia law gives your family a way to seek answers and accountability.
A Richmond wrongful death lawyer at Allen & Allen can carry that legal weight while you and your family grieve. Since 1910, our firm has stood beside grieving Virginia families with care, patience, and respect.
We cannot undo your loss, but we can pursue accountability on your family’s behalf and handle the legal steps so you do not have to. Contact our team today to learn how we can help.
Why Richmond families choose Allen & Allen for wrongful death claims
Families choose Allen & Allen because we pair more than 115 years of experience with the personal care a wrongful death case demands. Since 1910, integrity, respect, compassion, and trust have guided how we serve Virginia families.
That history means your case is supported by attorneys who understand both the legal demands of a wrongful death claim and the care your family needs along the way.
Focused on your family
Your case is always centered on the person you lost and your family, not a file number. We take time to learn who they were, what they meant to your family, and how their absence has changed your lives. That understanding shapes the way we prepare and present the claim.
Clear guidance
While your family grieves, we preserve evidence, handle insurance communications, and build the case for settlement or trial. You receive clear answers and steady guidance without being left to manage the legal work on your own.
Deep roots across Virginia
Our roots run deep in Richmond, from downtown and Broad Street to neighborhoods near the James River. That local knowledge, backed by statewide resources and a long record of results, helps us prepare claims with care and move them forward without unnecessary delay.
When your family is ready, get a free consultation with one of our Richmond wrongful death attorneys. We can answer your questions and explain what may come next.
What is wrongful death in Virginia?
Wrongful death is a death caused by another person’s negligence or wrongful act. Under Va. Code § 8.01-50, when someone dies because another party failed to act with reasonable care, the deceased person’s representative may bring the claim for the eligible family members.
In plain terms, if your loved one could have filed a personal injury claim had they survived, there may be a valid wrongful death claim instead. The party at fault might be a driver, a doctor, a company, or a property owner whose careless choice led to the death.
A wrongful death claim is a civil case, separate from any criminal charges the state may bring. Even when police file no charges, your family can still pursue a civil claim, because the two systems answer different questions.
A wrongful death can follow a hospital error, a fall from an unsafe stairwell, a workplace hazard, or a defective machine. If a careless or reckless act ended your loved one’s life, a Virginia wrongful death attorney can review whether the law gives your family a claim.
What is a survival action?
Survival actions address losses the deceased experienced before death, such as medical expenses and pain endured between injury and death. This action continues a personal injury claim the deceased could have pursued before death when that injury did not cause the death.
When the same injury causes death, Virginia generally converts the case into a wrongful death claim and allows only one recovery for that harm.
Who can file a wrongful death claim in Virginia?
Virginia law states that a personal representative of the estate files the claim, but the recovery goes to the family members that the statute names.
The people who may recover compensation include:
- The surviving spouse
- The children of the person who died, and the children of any child who has also passed
- The parents of the person who died, as provided by Virginia law
- Brothers and sisters, and any relative who lived in the household and depended on the person who died
Virginia law follows a set order. A surviving spouse and children usually receive first priority. If there are no children or grandchildren, the surviving spouse may share the recovery with the deceased person’s parents.
If there is no spouse, child, or grandchild, the recovery may go to parents, siblings, and certain dependent relatives who lived in the same household.
Choosing the personal representative can raise questions within a family, and we help sort that out with care. Our Richmond wrongful death attorneys work to see that the right person steps forward and that every eligible family member is counted.
Common causes of wrongful death in Richmond
Many Richmond wrongful death claims grow from sudden, preventable events like auto accidents. Others follow slow neglect that a family may not see until it is too late.
Common causes we handle include:
- Car, truck, and motorcycle accidents
- Medical malpractice, such as a missed diagnosis or a surgical error
- Workplace and construction accidents
- Dangerous or defective products
- Neglect or abuse in a nursing home
- Unsafe property conditions that lead to a deadly fall
Proving what caused a death takes more than a hunch. Your Richmond wrongful death lawyer can work with medical professionals, crash analysts, and safety reviewers who can trace the chain of events and point to the party at fault.
No two cases share the same facts, so we look closely at how and why your loved one died. That careful review often uncovers a cause the family never knew about.
Some deaths look like accidents at first, but a closer look reveals a preventable failure. A trucking company that pushed a tired driver, a nursing home that cut its staff too thin, or a doctor who ignored a clear warning sign can each share responsibility. We dig into the facts until the real story comes out.
What compensation can your family seek after a wrongful death?
A Virginia wrongful death claim may include compensation for lost income, medical and funeral expenses, and the personal loss your family has suffered. Virginia allows recovery for both financial harm and losses such as sorrow, mental anguish, and loss of companionship.
Personal and financial damages may include:
- Sorrow, mental anguish, and the loss of your loved one’s comfort and companionship
- The income and services the person would have provided to the family
- Medical and hospital bills from the final injury or illness
- Funeral and burial costs
- In cases of willful or wanton conduct, or extreme recklessness, punitive damages may be available
Unlike some states, Virginia generally does not cap compensatory damages in wrongful death cases, although a separate cap applies to medical malpractice claims. This means the value of your claim usually rests on the real weight of your loss, not a limit set in advance by law.
Each family’s losses look different. A young parent’s death leaves years of lost income and guidance, while an older parent’s loss may weigh most in companionship and daily care. We take time to understand your family’s whole story before we place any value on the claim.
What happens during a wrongful death claim in Virginia?
A personal representative brings the claim for the eligible family members, while our legal team gathers evidence, preparing your case for settlement or trial. Allen & Allen handles those steps, so your family does not have to manage the legal burden while grieving.
The personal representative is often a close family member appointed to act on behalf of everyone who may recover. From there, we collect medical records, police or accident reports, witness statements, and other proof showing how the death happened and who may be responsible.
Many wrongful death claims resolve through settlement. When the responsible party or insurer will not agree to a fair amount, we can take the case to trial before a Richmond judge and jury.
The timeline depends on the evidence, the number of parties involved, and whether responsibility or damages are disputed. Some claims resolve in months, while others take longer because wrongful death lawsuits require discovery, depositions, and trial preparation.
Virginia also controls how a recovery is divided among eligible family members. If the family cannot agree, the court may decide how the funds should be shared.
Is there a deadline for filing a wrongful death lawsuit in Richmond?
Virginia usually allows two years from the date of death to bring a wrongful death lawsuit. Two years can pass quickly while a family grieves, and missing that window can end a valid claim before it begins. A few narrow exceptions exist, so the safest step is to speak with a Richmond wrongful death lawyer early.
Acting sooner also protects your case in practical ways. Evidence stays fresh, witnesses remember more, and records are easier to find, all of which strengthen your claim.
Allen & Allen Richmond wrongful death results
The Richmond wrongful death attorneys at Allen & Allen secured a $24 million wrongful death settlement, at the time the largest of its kind in Virginia history. The case involved a mother who was killed in an accident with a commercial vehicle.
Attorneys Edward Allen and Parker Allen showed that the driver was unfit and pursued claims for negligent hiring and retention against the company.
Allen & Allen has also obtained a $5.475 million settlement in a Richmond wrongful death case arising from an industrial incident. In another Richmond case, a jury returned a $3.19 million wrongful death verdict after an unsecured load created a dangerous chain of events on I-64.
Behind every number is a family we walked beside, from the first call to the final resolution. We measure our work not only by the result, but by whether the family felt heard and respected along the way. That’s what we mean when we say, “I am an Allen.”
Past results never promise a certain outcome, since every case stands on its own facts. What they show is our steady effort to press for a fair result for the families we serve.
FAQ for Richmond wrongful death lawyer
Who can file a wrongful death claim in Virginia?
The personal representative of the estate files the claim on behalf of the eligible family members. Virginia law follows a set order that may include a surviving spouse, children, grandchildren, parents, siblings, and certain dependent relatives who lived in the same household.
How long do I have to file a wrongful death lawsuit in Virginia?
The personal representative generally has two years from the date of death to file under Va. Code § 8.01-244. Some cases have different or additional deadlines, so an early review can help your family protect its options.
What compensation can my family recover in a Richmond wrongful death case?
Virginia law allows financial recovery for sorrow, mental anguish, lost companionship, lost income and services, medical expenses, and funeral costs. Punitive damages may also apply in rare cases.
How much does a Richmond wrongful death lawyer cost?
Allen & Allen handles wrongful death cases on a contingency fee basis. You pay no attorney’s fee upfront. Our firm collects a percentage of the recovery only if we get compensation for your family through a settlement or court award.
Is a wrongful death claim the same as a criminal case?
A wrongful death claim is a civil case brought by the personal representative for the family’s benefit. It is separate from any criminal prosecution, so families may still have a civil claim even when no criminal charges are filed.
Talk with a Richmond wrongful death lawyer today
You should not have to shoulder this fight while you grieve. A Richmond wrongful death lawyer at Allen & Allen will listen with care, answer your questions in plain words, and handle the legal work so your family can grieve together.
Your first consultation is free, and there is no fee unless we win your case. Call us at (866) 388-1307 or reach out online, and let our family stand beside yours.
Our Richmond office
Allen, Allen, Allen & Allen
1802 Bayberry Court, Suite 400,
Richmond, VA 23226