Sadly, you lose a loved one in a fatal accident. This loss is devastating for you and your family. In the aftermath of this tragic incident, talk with a Fairfax wrongful death lawyer. This is an opportunity to ask an empathetic and compassionate attorney to review your case and, if warranted, have them pursue compensation from anyone liable for your loss.
We know that you are unfortunately reeling from your loss and unsure where to begin. Please review our article, Virginia Wrongful Death Claims: Information for Families Who Lost a Loved One.
MartinWren, P.C., has years of experience with wrongful death cases. Our team has recovered millions of dollars in compensation for our clients. We will work tirelessly to help you and your family figure out which legal option will work well for you as you cope with your loved one’s loss. To learn more, consult with a Fairfax personal injury lawyer from our team.
Wrongful death attorney Lauren Byrne meeting with clients
Causes of Fairfax Wrongful Death Claims
Anyone with any familiarity with Fairfax and the Northern Virginia area is well acquainted with the horrible traffic in the area. Heavy traffic from Interstate 95 is often funneled from 495 onto Interstate 66. That traffic is then directed to Interstate 81, where it can head north and south. Much of the traffic that travels through this area is from tractor trailers and other commercial motor vehicles.
When you add in Fairfax County’s intense congestion from its commuter traffic to and from Washington, D.C., that can be a recipe for disaster. Fairfax has some of the highest rates of truck crashes in Virginia, and many of these crashes can be fatal.
Wrongful death claims can also arise out of premises liability or workplace incidents.
Finally, many wrongful death cases occur due to medical malpractice. While Fairfax is home to some excellent healthcare facilities, medical malpractice is a real problem and one of the leading causes of death in the United States.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Who Can File a Wrongful Death Claim
The Code of Virginia § 8.01-50 defines a wrongful death and who is eligible to submit a claim or lawsuit following a person’s death. In Virginia, the personal representative of the estate of a deceased person (decedent) may seek compensation damages relating to this individual’s death.
A personal representative may be a decedent’s surviving spouse, parent, child, sibling, or grandchild. If a decedent didn’t name a personal representative in their will, a court may appoint an administrator of this individual’s estate. At this time, the administrator can serve as a personal representative in a wrongful death claim or lawsuit.
Your wrongful death lawyer in Fairfax can give you information about the eligibility requirements for pursuing compensatory damages after a loved one’s death. They will let you know if you can file a wrongful death suit for medical malpractice or any other reason. If you want to file a claim or lawsuit, your lawyer can submit your request based on Virginia law.
How Much Time You Have to File a Wrongful Death Claim
According to the Code of Virginia § 8.01-244, you may have two years from the date of a person’s death to file a wrongful death claim. This time frame may not be extended. If you miss it, you may be ineligible to request compensation from anyone at fault for your loved one’s death.
If you’re unsure about filing a claim, meet with an attorney who has helped clients in wrongful death cases get outstanding verdicts and settlements. Your lawyer may advise you to submit your claim promptly. Once your claim is filed, your lawyer will represent you for the duration of your case.
Your lawyer may get a settlement offer relating to your wrongful death claim. If this happens, you can review the proposal with your lawyer. You don’t have to accept an offer if it falls short of what you want. If no settlement agreement is reached, your lawyer can take your case in front of a judge or jury.
Fairfax Wrongful Death Lawyer Near Me (434) 817-3100
Compensation That You Can Get in a Wrongful Death Case
Your attorney will encourage you to request economic and non-economic damages. They can calculate the losses that you and your family face due to your loved one’s death. Your lawyer may advise you to pursue compensation for various quantifiable and subjective losses, such as:
- Medical bills
- Burial and funeral expenses
- Lost wages
- Loss of companionship
- Loss of consortium
- Pain and suffering
- Punitive damages, if the injuries were caused in a Fairfax DUI crash
Your lawyer can use photos from the scene of your loved one’s fatal accident, medical records, witness statements, and other evidence to bolster their argument. If your lawyer has a wide range of evidence, they may be well-equipped to prove negligence.
How Negligence Can Determine the Outcome of a Wrongful Death Case
A judge or jury will consider negligence carefully when deciding whether to award damages in wrongful death cases. Your lawyer will account for negligence as they prepare their argument. They may focus their argument on these elements of negligence:
- Duty of Care: This is a legal requirement that someone has to avoid acts of recklessness or carelessness.
- Breach of Duty of Care: When someone commits an act that puts others in danger, they are violating their duty of care.
- Causation: Your lawyer wants a judge or jury to see that because someone breached their duty of care, they caused your family member’s fatal accident.
- Damages: Your attorney can highlight how your loved one’s death is putting you and your loved ones in a bind financially.
Due to contributory negligence, you may be ineligible to get damages if your loved one was in any way at fault for their fatal accident. Your lawyer will work hard to show that your case is legitimate. As part of your attorney’s efforts, they will argue why someone is fully liable for your loved one’s death and, as a result, should have to compensate you for your losses.
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Why Now is the Time to Think About Filing a Fairfax Wrongful Death Claim
Going through a wrongful death claim can be emotionally taxing for you and your family. Fortunately, you don’t have to proceed with a claim alone. Your Fairfax wrongful death attorney will guide you through the claims process. They can help you get justice and compensatory damages from anyone who harmed your loved one.
Your lawyer can discuss the process of filing a wrongful death lawsuit and other case topics with you. They will handle your legal matters as you and your loved ones focus on self-care. Your attorney can keep you updated about any settlement offers. If necessary, your lawyer can bring your case to trial.
The team at MartinWren, P.C., knows what a successful wrongful death lawsuit entails. We can examine your wrongful death case and help you figure out if you have grounds for submitting a claim or lawsuit on behalf of your late family member. For more information, schedule a free case consultation with us.
Court-Appointed Administrator Required for Fairfax Wrongful Death Claims
Before you can file a wrongful death lawsuit in Virginia, a personal representative (administrator or executor) must be formally appointed by the circuit court. This is a legal requirement—no individual family member can file the lawsuit on their own.
How to Get Appointed:
If your loved one had a will: The person named as executor must qualify with the court by presenting the will and taking an oath.
If there was no will: The court appoints an administrator. The administrator need not be a family member, but clerks will typically prioritize:
- Surviving spouse
- Adult children
- Parents
- Siblings
Fairfax Circuit Court Clerk:
Fairfax Circuit Court Clerk’s Office
4110 Chain Bridge Road
Fairfax, VA 22030
Phone: (703) 246-2775
Website: www.fairfaxcounty.gov/circuit/clerk
Contiguous Circuit Court Clerks:
If your loved one resided in a neighboring jurisdiction, you may need to qualify there:
Arlington Circuit Court Clerk
1425 N. Courthouse Road
Arlington, VA 22201
Phone: (703) 228-7010
Website: www.arlingtonva.us/Government/Offices/Circuit-Court-Clerk
Loudoun Circuit Court Clerk
18 E. Market Street
Leesburg, VA 20176
Phone: (703) 777-0270
Website: www.loudoun.gov/260/Circuit-Court-Clerks-Office
Prince William Circuit Court Clerk
9311 Lee Avenue
Manassas, VA 20110
Phone: (703) 792-6015
Website: www.pwcva.gov/department/circuit-court-clerk
Alexandria Circuit Court Clerk
520 King Street
Alexandria, VA 22314
Phone: (703) 746-4044
Website: www.alexandriava.gov/CircuitCourt
Fauquier Circuit Court Clerk
40 Culpeper Street
Warrenton, VA 20186
Phone: (540) 422-8130
Website: www.fauquiercounty.gov/government/courts/circuit-court-clerk
We can guide you through this appointment process. The qualification procedure typically takes 1-2 weeks, and the statute of limitations continues running during this time. Contact us immediately for a free consultation—we’ll help you navigate the court appointment and preserve your family’s wrongful death claim.
Call us for a free case review.
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Frequently Asked Questions About Fairfax Wrongful Death Claims
Can I sue the federal government if a government vehicle killed my family member in Fairfax?
Yes, but federal wrongful death claims have strict rules under the Federal Tort Claims Act (FTCA).
Here’s what you need to know:
You must file an administrative claim with the appropriate federal agency within two years of the death. If the agency denies your claim or ignores it for six months, you can then file a lawsuit in federal court.
These cases involve complex sovereign immunity issues. Government vehicle accidents in Fairfax often involve:
– Postal Service trucks
– GSA vehicles
– Military personnel driving on official duty
The challenge? Federal agencies have their own procedures, timelines, and defenses that don’t apply in regular wrongful death cases. Miss a deadline or procedure, and your case could be dismissed before it even starts.
What if a government contractor caused the crash that killed my loved one?
Government contractors in Fairfax will generally be treated like any other private company. For some claims, a contractor may have liability protections under the “government contractor defense” if they were following federal specifications and warned the government of known dangers.
But here’s the key: This defense doesn’t apply to all situations.
We investigate whether the contractor was truly acting under federal direction or operating independently. Many contractors working at federal facilities in Fairfax County maintain separate commercial liability insurance that may be accessible even when sovereign immunity applies to the government entity itself.
Examples of contractor scenarios we handle:
– Security contractors driving between federal facilities
– Construction contractors on government projects
– Delivery services under federal contracts
– Maintenance companies servicing government vehicles
How does Virginia’s contributory negligence rule affect wrongful death claims in Fairfax?
Virginia’s harsh contributory negligence rule means if your deceased family member was even 1% at fault for the crash, the defense will claim you cannot recover damages.
This makes investigation critical.
We work with accident reconstructionists to prove the other party’s complete fault, especially in multi-defendant crashes where defendants will try to blame each other or your loved one.
In government vehicle cases, we often find:
– Maintenance record deficiencies
– Driver training violations
– Policy failures
– Vehicle inspection gaps
– Supervision breakdowns
These findings establish 100% government fault and defeat contributory negligence defenses.
Who can file a wrongful death claim in Fairfax County?
In Virginia, only a court-appointed personal representative (administrator or executor) can file a wrongful death lawsuit.
Here’s how it works:
– If your loved one had a will: The person named as executor must qualify with the Fairfax Circuit Court
– ,If there’s no will: The court appoints an administrator, typically prioritizing the surviving spouse, then adult children, then parents, but the administrator need not be a family member
You cannot file a wrongful death claim as an individual family member—you must go through this appointment process first.
[See our administrator appointment guide above for clerk contact information]
What damages can I recover in a Fairfax wrongful death case involving multiple defendants?
Virginia allows recovery for:
– Sorrow, mental anguish, and loss of companionship
– Funeral and burial expenses
– Lost income your family member would have earned
– Lost benefits like health insurance and retirement contributions
In multi-defendant crashes—common in Fairfax with heavy commercial traffic on I-66, Route 50, and the Beltway—we pursue all responsible parties:
– Truck drivers
– Trucking companies
– Vehicle manufacturers
– Maintenance contractors
– Government entities
Joint and several liability means any defendant found at fault can be held responsible for the full judgment, though defendants can seek contribution from each other.
How long do I have to file a wrongful death lawsuit in Fairfax?
Standard deadline: Virginia’s statute of limitations for wrongful death is two years from the date of death, per Va. Code sec. 8.01-244.
But government claims have shorter deadlines:
– Federal government: Administrative claim required within two years with the relevant agency *before* you can sue
– Virginia state government: Notice of claim required within one year
– Local government (Fairfax County): Special notice requirements may apply, perhaps as short as six months
In multi-defendant cases involving both government and private parties, different deadlines may apply to different defendants.
Missing any deadline can destroy your entire case. Even if you have a strong claim against a private company, waiting too long to identify government liability can eliminate valuable defendants.
Call us immediately at (888) 775-8808 for a free consultation.
What makes wrongful death cases in Fairfax different from other Virginia jurisdictions?
Fairfax County’s proximity to Washington D.C. creates unique challenges:
High volumes of:
– Federal government vehicles
– Contractors serving federal facilities (Pentagon, CIA, federal offices)
– Diplomatic vehicles with immunity issues
– Multi-state crashes on major corridors (I-495, I-66, Dulles Toll Road)
The Fairfax Circuit Court is one of Virginia’s largest and most sophisticated courts, with judges experienced in complex wrongful death litigation.
Fairfax juries tend to be well-educated and analytical, requiring:
– Strong expert testimony
– Clear presentation of technical evidence
– Compelling reconstruction of government vehicle crashes
– Detailed explanation of federal regulations and policies
Can I sue multiple parties if several drivers caused the crash that killed my family member?
Yes. Multi-defendant wrongful death claims are common in Fairfax, especially on high-traffic corridors.
We identify all responsible parties:
– Individual drivers
– Their employers (under respondeat superior)
– Vehicle owners
– Maintenance companies
– Parts manufacturers
– Government entities
In chain-reaction crashes involving government vehicles, we investigate whether government driver training, vehicle maintenance, or policy failures contributed.
Why this matters: Each defendant’s insurance and assets become potential recovery sources, significantly increasing compensation for your family.
What evidence do I need to preserve after a fatal crash involving a government vehicle in Fairfax?
Take these steps immediately:
- Request the Fairfax County Police crash report
- Preserve all communications with government agencies
- Photograph everything: crash scene, vehicle damage, road conditions, traffic signals
- Keep all documents: medical records, bills, correspondence
Government vehicles often have critical evidence:
– Event data recorders (black boxes)
– GPS tracking logs
– Maintenance records
– Driver qualification files
– Training documentation
– Vehicle inspection reports
We send preservation letters within days to prevent evidence destruction. Federal agencies have document retention policies that may lead to automatic destruction of critical evidence if not immediately preserved.
In multi-defendant crashes, we send preservation demands to all potentially liable parties to lock down evidence before it disappears.
Does it matter if the government vehicle driver was on duty when the fatal crash occurred?
Absolutely.
Under the Westfall Act, federal employees acting within the scope of employment are shielded from personal liability—the United States substitutes as the defendant under the FTCA.
If the driver was off-duty or acting outside their official capacity, you may be able to sue the individual driver directly without FTCA restrictions.
We investigate:
– Whether the government driver was authorized to use the vehicle
– If they were following agency policies
– Whether they were furthering government business at the time
The scope of employment determination can be the difference between:
– A strong case with full damages available, or
– A sovereign immunity dismissal that ends your claim
What Should I Do Next?
If you lost a loved one in a crash involving a government vehicle or multiple defendants in Fairfax County:
Call us for a free case review.
Time is critical. Evidence disappears. Government deadlines are shorter than you think. And Virginia’s contributory negligence rule means every detail matters.
As Virginia’s only Board Certified Truck Accident Attorney, Robert Byrne has the experience to navigate complex federal claims, multi-defendant litigation, and Fairfax’s sophisticated court system.
Your family deserves answers. And compensation.
Let us fight for you.
Our Fairfax Wrongful Death Lawyers Are Tenacious Advocates for Our Clients
The lawyers at MartinWren, P.C. want to help those who’ve lost a loved one due to someone else’s actions in any way we can.
We encourage you to speak with a wrongful death attorney in Fairfax from our team. This allows you to examine your legal options and make an informed decision on what to do from here. Contact us today.
Visit our Virginia Wrongful Death Lawyer page for more information about our statewide practice.
Additional Wrongful Death Resources
Wrongful Death Articles
Virginia Wrongful Death Claims: Information for Families Who Lost a Loved One
What Damages Can You Recover in a Wrongful Death Case?
Challenges of a Child’s Wrongful Death Claim
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