The loss of a loved one leaves those left behind overwhelmed with grief. That overwhelm is often compounded by fears of the future as spouses, children, or other relatives are left without the financial and emotional contributions their loved ones provided. When death is wrongful—when it happens because of another party’s recklessness, negligence, or act of violence—anger and shock only add to the emotional turmoil.
Martin Wren, P.C. may be able to help you restore financial stability and get justice for your loved one’s untimely death. Our team has experience securing compensation for loved ones from wrongful death claims. But we know your claim represents more than a “case” to you, and it means more to us, too.
We recognize your–and all our clients’–pain and work hard to ensure your peace of mind and move your case along as smoothly as possible. Reach out to a compassionate wrongful death lawyer in Charlottesville, VA, from our team today.
Virginia’s Wrongful Death Beneficiary Laws
Not just anyone is eligible to collect wrongful death benefits for the death of a loved one. Virginia Code establishes eligible parties in Section 8.01-53. These parties are called “statutory beneficiaries” and include:
- The deceased’s surviving spouse or children, and if the victim’s children are deceased and have left their own children behind, the victim’s grandchildren.
- The deceased’s surviving parents, siblings, or dependent household relatives if the victim has no living spouse, children, or grandchildren.
- Any surviving family member authorized under Virginia intestacy laws if there are no previously named statutory beneficiaries.
The Commonwealth of Virginia’s wrongful death beneficiary and intestacy laws are specific and complex. For example, if the deceased’s parents received support from the victim within a certain timeframe preceding the death, they may be included in the first “tier” of beneficiaries. And, as statutory beneficiaries become more distant and widespread, there is an opportunity for disagreement.
Wrongful death lawsuits are emotionally fraught by nature. They only exist because someone has had an untimely death. This high-level emotional component, along with the complexity of the law, makes it critical for those pursuing a claim to do so through a partnership with an experienced Virginal wrongful death attorney.
For a legal consultation with a personal injury lawyer, call 434-817-3100
When Beneficiaries Are Eligible to File a Wrongful Death Lawsuit
Injury victims hurt by someone else’s negligence, recklessness, or intentional act have the right to sue the party responsible for their injury for damages through a personal injury claim. When the victim dies because of the at-fault party’s actions, either through the accident or act of violence itself, or later succumbs to the injuries caused by those actions, they can obviously no longer file that claim.
Their loved ones, however, may be able to pursue justice and compensation through a wrongful death lawsuit under Virginia Code Article 5 §8.01-50.
Fetal deaths, defined in Code 32.1-249, may also be grounds for wrongful death claim. Statutory beneficiaries are the ones who collect the money or estate, but they are not necessarily the parties eligible to file the actual wrongful death claim. Requirements vary, specifically in cases of fetal or infant death.
When an adult is killed through a wrongful death, the claim must be filed by a personal representative. Sometimes, the deceased names a personal representative in their will, and other times, the clerk appoints the representative. For fetal deaths, the “natural mother” and for infants, the custodial parent can file, though in both cases, the law accounts for situations where these parties are not able to file.
Compensation Available for a Wrongful Death Lawsuit
Section 8.01-52 of Article 5 explains the damages available to beneficiaries of a wrongful death claim. The law states the jury or the court “may award such damages as to it may seem fair and just” and can include, but is not limited to, covering or acknowledging:
- Sorrow and mental distress
- Loss of companionship, guidance, and comfort
- Loss of the deceased’s income
- Loss of the deceased’s contribution to the household–protection, services, and care
- Related medical costs, if the victim did not immediately die from their injuries
- “Reasonable” funeral costs
- Punitive Damages if the death resulted from “willful or wanton conduct” or utter disregard for the safety
Calculating the value of these damages is a complex process. For example, the amount of lost income must be corroborated with expert testimony, and it can be hard to put a dollar amount on sorrow, mental anguish, and loss of companionship. Trust a skilled, compassionate wrongful death attorney in Virginia to calculate the value of your losses with attention to detail and accuracy.
Damages collected for medical care and funeral expenses are dispersed to those service providers. The Commonwealth caps punitive damages in wrongful death cases under Code 8.01-38.1. Beneficiaries cannot collect more than $350,000 in punitive damages.
When to Connect with a Virginia Wrongful Death Attorney
It is best to connect with a wrongful death lawyer in Virginia as soon as possible following your loved one’s untimely death. Prompt action allows your attorney time to review the situation, gather evidence and testimony, and file the claim within Virginia’s statute of limitations. There is a two-year deadline for filing wrongful death claims in the State, as per Code 8.01-244.
Partnership with a capable attorney does not just remove a legal burden from your shoulders. Your attorney will also handle all negotiations with the at-fault party’s representatives. At Martin Wren, P.C. Our goal is to get justice for your loved one and fair compensation for those left behind.
Our team understands how difficult your loss is and how trying the wrongful death claims process can be. You can count on us not just for sound legal guidance but comforting emotional support. We will communicate with you regularly, keep you updated on your case’s progress, and will respond to your questions and calls.
Exceptional Representation and Compassionate Support
Get the legal help and compassionate support you deserve in the aftermath of your loved one’s wrongful death. Call or message Martin Wren, P.C., to speak with a respectful, knowledgeable Virginia wrongful death lawyer.
Though we cannot bring your loved one back, we can work to hold the party responsible for the death accountable for their actions and secure your financial stability.
Call 434-817-3100 or complete a Case Evaluation form
