Richmond Wrongful Death Lawyers

Richmond Wrongful Death Lawyers

Richmond Wrongful Death Lawyers

There are few tragedies in life as devastating as the wrongful death of a family member. Having a loved one’s life cut short due to the negligence or wrongdoing of another party is an experience no person should have to endure. In this difficult time, seeking justice and holding those responsible accountable for their actions becomes a moral and legal imperative.

The Richmond wrongful death lawyers at Allen & Allen understand the heartache and suffering you and your family are going through, and we are here to offer both compassionate support and unwavering legal representation. We are committed to making your fight our fight and ensuring you get the compensation you deserve.

We offer a free and confidential initial consultation to discuss your case. If you hire us to represent you, you pay no upfront fees. Our fee is based on the compensation we recover for you. Contact us today to discuss your case, and let us guide you through this challenging chapter.

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Richmond Wrongful Death Guide

Why Choose Allen & Allen for Your Wrongful Death Claim?

At Allen & Allen, we provide our clients with more than legal representation. When you choose to hire us to handle your personal injury claim, you get our promise to fight on your behalf. Our relationships are built on integrity, respect, compassion, and trust—the same values that have guided us since 1910.

Through the decades, our lawyers have built a strong reputation for providing each client with personalized and compassionate legal services. We are fully committed to obtaining the maximum compensation our clients deserve. We have recovered millions of dollars for our clients when they need help the most.

If you lost a loved one due to another party’s wrongful actions, we are deeply sorry for your loss. We understand that no amount of compensation will replace the void they have left in your life. But filing a wrongful death claim may help you and your family find closure and relief from the financial impact of your loved one’s loss.

How Much Does a Wrongful Death Lawyer Cost?

Paying for a lawyer is one of the last things you and your family should worry about after losing a loved one.

At Allen & Allen, we offer a free initial consultation to discuss your case, during which we will explain how our contingency fee agreement works. If you retain our services, we won’t charge anything upfront. Our fee is based on the financial compensation we recover for you.

According to a study by the Insurance Research Council, individuals who hire lawyers to handle their personal injury claims recover 40 percent more compensation than those who do not retain legal representation, even after paying attorney’s fees.

Common Causes of Wrongful Death

Wrongful death claims can arise from various circumstances.

Some common wrongful death claims we’ve handled at Allen & Allen stem from:

What Is a Wrongful Death Claim?

What Is a Wrongful Death Claim

A wrongful death claim is a legal action taken by the surviving family members or beneficiaries of a person who has died because of the negligence, recklessness, or intentional wrongdoing of another party.

Surviving family members typically pursue these claims in civil court to seek financial compensation for the losses and damages they suffered due to the death of their loved one.

What Damages Are Available in a Richmond Wrongful Death Claim?

Wrongful death damages generally aim to compensate surviving family members for the losses they suffered from losing their loved one.

These damages typically include:

  • Funeral expenses
  • Net income your loved one would have reasonably earned
  • Loss of services, such as care or chores your deceased family member would have provided to beneficiaries
  • Loss of society, companionship, comfort, guidance your deceased loved one provided beneficiaries

Who Receives the Proceeds in a Wrongful Death Case?

Proceeds from a wrongful death claim are typically distributed to the surviving family members or beneficiaries of the deceased person. The specific distribution depends on the circumstances of the case and the relationships of the individuals involved.

Virginia statute determines the circumstances under which various family members can receive wrongful death funds, which are typically distributed accordingly:

  1. If the decedent had children, the spouse and their children will divide the proceeds.
  2. If the decedent did not have children, their spouse and their parents will divide the proceeds.
  3. If the decedent didn’t have a spouse or children, the parents, siblings, and any family members who depended on the deceased for financial support will divide the proceeds.

In the case of wrongful death, the court will consider the quality and strength of the beneficiaries’ relationships with the deceased, and it will likely give a greater portion of the wrongful death award to those who had a closer relationship with the deceased.

What Is a Survival Action?

Like wrongful death claims, survival actions are legal actions pursued after a death caused by negligence or wrongdoing.

A survival action allows the deceased person’s estate to bring a lawsuit on behalf of the deceased person. It focuses on the damages the decedent suffered between the time of the injury or incident that ultimately led to their death and the time of death itself.

What Damages Can a Richmond Survival Action Recover?

A survival action is essentially a personal injury lawsuit that survives the death of the individual. It allows their estate to seek compensation for the personal injury, pain and suffering, and economic losses that the deceased person would have recovered if they had survived.

Survival action damages may include:

  • Accident-related medical expenses accrued through the date of your loved one’s death
  • The income your loved one lost due to missed work from the date of the accident to the date of their death
  • The value of your loved one’s pain and suffering endured from the date of the accident until their death
  • The value of your loved one’s mental anguish from the date of the accident to the date of their death

Who Receives the Proceeds in a Survival Action?

The deceased person’s estate brings survival actions. Therefore, compensation goes into the deceased’s estate, which distributes the funds along with the rest of the estate’s assets as outlined by the deceased’s will. If the deceased has no will, their assets will be distributed through intestate succession.

Do I Have a Wrongful Death Case or Survival Action?

In some cases, you may not know immediately if your loved one died as a direct and proximate result of the accident. In these circumstances, you may not know whether you have a survival action or a wrongful death claim.

Virginia law does not award damages for both a wrongful death and a survival action. A personal injury lawyer with experience handling these claims can advise you on which course of action is best in your case.

What Is the Deadline for Filing a Wrongful Death Claim in Richmond?

What Is the Deadline for Filing a Wrongful Death Claim in Richmond

Virginia has a two-year statute of limitations for filing wrongful death and survival action cases, which begins on the date of the decedent’s death. If you file a lawsuit after this two-year period, the court will dismiss the case, and the surviving family members or beneficiaries will lose the opportunity to seek compensation.

If you wish to pursue any legal action due to the wrongful death of a loved one, don’t delay contacting a lawyer. They can help you decide the best course of action to take and ensure you don’t miss any important filing deadlines.

How Can a Lawyer with Allen & Allen Help With My Wrongful Death Case?

Having an experienced wrongful death attorney can make a significant difference in the outcome of your case, ensuring that your rights are protected and that you have the best chance of receiving the compensation you deserve.

Here are some ways a wrongful death lawyer from Allen & Allen can assist you with your wrongful death case:

Legal Knowledge

Complex laws govern wrongful death cases. The experienced wrongful death attorneys at Allen & Allen have a deep understanding of the relevant laws, legal precedents, and court procedures.

Case Evaluation

We can assess the merits of your case to determine if you have a valid claim. We will review the circumstances of the death, gather evidence, and consult with experts if necessary to build a strong case.

Evidence Gathering

We will collect and preserve evidence to support your case, such as medical records, accident reports, witness statements, expert testimony, and other relevant documents.

Valuing Damages

As your lawyer, we can help determine the full extent of your economic and non-economic damages, including medical expenses, lost income, pain and suffering, and loss of companionship.


We can communicate with all relevant parties on your behalf, reducing your stress and protecting your rights.

Settlement Negotiations

Our lawyers are skilled negotiators. We can negotiate with insurance companies, at-fault parties, or their legal representatives on your behalf. We will work to reach a fair settlement that compensates you for your losses without the need for a trial.

Filing Legal Documents

We can handle the paperwork and documentation required for your case, so you can focus on your own healing. This includes filing a lawsuit, responding to motions, and ensuring all deadlines are met.

Legal Strategy

We will develop a legal strategy tailored to your case, taking into account the specific circumstances and legal elements needed to prove negligence or liability.


If the insurance company refuses to make a fair offer, we will represent you in court. We will present your case, question witnesses, and make legal arguments to secure the compensation you deserve.

Probate and Estate Matters

In wrongful death cases, you may need to handle probate and estate matters, including dealing with the deceased person’s assets and debts, and distributing any settlement or judgment to beneficiaries. As your trusted lawyer, we can guide you through this process.

Contact a Wrongful Death Lawyer at Allen & Allen Today

Wrongful Death Lawyer, Jason Konvicka

Jason Konvicka, Wrongful Death Attorney

If you’ve suffered the devastating loss of a loved one due to the negligence or wrongful actions of another, you don’t have to face this painful journey alone.

Our compassionate and experienced Richmond wrongful death attorneys at Allen & Allen are here to provide the legal guidance, compassion, and relentless advocacy you need to seek justice and secure the compensation your family deserves.

We understand the profound emotional toll this tragedy takes, and we are committed to standing by your side throughout the entire process. Take the first step toward holding those responsible accountable and providing for your family’s future.

Contact personal injury lawyers in Richmond at (866) 552-5683 for your free consultation and to hear how we can support you through this difficult time.

Our Richmond office

Allen, Allen, Allen & Allen

1809 Staples Mill Road
Richmond, VA 23230