When someone else’s choices lead to the loss of a loved one, it can be hard to know what to do or where to begin. In Virginia, certain family members have the right to file a wrongful death claim. When the legal process feels like the last thing you want to think about, reach out to a Glen Allen wrongful death lawyer for assistance.
The team at MartinWren, P.C., is here in your time of need. Our Glen Allen personal injury lawyers have served hundreds of clients and families since 2009. We’re available 24/7 to listen, answer questions, and help your family determine the next steps.
What Families Should Know Before Filing a Wrongful Death Claim in Glen Allen
Wrongful death claims give families a legal path to seek accountability after losing someone they love. These claims are typically handled in civil court and focus on financial compensation, rather than jail time. Before filing, it helps to understand who has the right to bring the claim and how the process is structured in Virginia.
The Personal Representative Files Suit
In Virginia, a wrongful death lawsuit must be filed by the personal representative of the person who passed away. This is often a close family member or someone named in the will; however, the court may appoint someone in the event the deceased person did not have a will. Virginia has various statutes that determine who can seek to be named an administrator of an estate, as well as when they can seek to be qualified.
The representative is responsible for managing the legal process on behalf of the estate. They must ensure that any compensation is distributed to the right people.
Who May Qualify as a Statutory Beneficiary in Virginia?
Although the personal representative files the claim, the compensation is intended for the surviving family members. Virginia law prioritizes spouses, children, and parents when distributing a settlement or verdict.
These family members are considered primary statutory beneficiaries and are typically the first in line to receive damages for losses such as lost income, emotional distress, and funeral expenses. If there are no immediate family members, other relatives such as siblings, cousins, or other dependents may be eligible.
The court considers those who relied on the person financially or emotionally and who were close enough to be affected by the loss. These cases can feel personal and complicated, so we take the time to explain what the law says and how it applies to your family.
When Civil Claims Are Filed Alongside Criminal Charges
Wrongful death lawsuits are separate from criminal charges. Even if the person responsible is being prosecuted by the state, your family can still bring a civil claim for compensation. You do not have to wait for a conviction, and you can still pursue a claim if the defendant is acquitted.
The civil court has different standards, which means your case is focused on accountability, not guilt beyond a reasonable doubt.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Losses That May Be Recovered in a Glen Allen Wrongful Death Case
The financial impact of losing a loved one often reaches far beyond the cost of the funeral. In Virginia, families have the right to seek compensation for both the economic and emotional effects of a wrongful death.
Understanding the types of losses that may be recovered can help you plan for what comes next. Common damages in a wrongful death case may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost income and benefits that the person would have earned
- Loss of household services
- Loss of companionship and guidance
- Mental anguish and grief
- Expenses for grief counseling
- Transportation or travel costs for family members
- Loss of inheritance or retirement benefits
- Punitive damages in cases involving reckless conduct or intentional acts
- Interest on damages awarded from the date of loss
Your Glen Allen wrongful death attorney with MartinWren, P.C., will help calculate and document each type of loss to make sure nothing is overlooked.
How Wrongful Death Claims Are Handled in Virginia Civil Court
When a wrongful death claim is filed in Virginia, it moves through the civil court system rather than the criminal court. The process is focused on financial accountability and support for surviving family members. While every case is different, there are a few common steps that most claims follow.
The Basics of Wrongful Death Claims and the Burden of Proof
In the basics of wrongful death claims, the family must show that someone else’s actions directly caused the death. That could involve negligence, recklessness, or intentional harm. The law does not require a criminal conviction for a civil claim to succeed.
Under Code of Virginia § 8.01-50 and § 8.01-244, families have a limited time to file and must follow specific rules about who can bring the case and how damages are requested. Figuring out the time involved to file a lawsuit or to provide notice of the claim can be complicated legal questions that involve deep legal analysis.
Gathering Testimony, Financial Data, and Expert Reports
In many cases, we also work with expert witnesses who can explain how the death occurred, whether the outcome could have been prevented, and what steps should have been taken to avoid it.
Financial records play a big role in calculating damages. These might include tax returns, employment records, or benefits that the family relied on. We may also consult with economists or vocational experts to estimate lost earning potential. Each detail helps us build a clearer picture of the loss and its impact on your life.
Why There Is No Average Wrongful Death Settlement in Virginia
If you are curious about the average wrongful death settlement in Virginia, it is essential to note that there is no single, definitive number. Some cases settle quietly, others go to trial, and outcomes vary based on the strength of the evidence and the types of damages available.
Many times, the outcome depends on the available insurance coverage and other assets the wrongdoer has. If the party that caused the death does not have assets or insurance coverage, it may be difficult to obtain a recovery. A knowledgeable and skilled attorney will be able to look at various angles to bring claims against all potential parties. This can optimize your ability to maximize the monetary recovery in a case.
Under Code of Virginia § 8.01-38.1 and § 38.2-2206, some damages may be capped or affected by insurance limits, especially in fatal car accident cases.
Glen Allen Wrongful Death Lawyer Near Me (434) 817-3100
Consult a Wrongful Death Attorney in Glen Allen for Trusted Legal Support
The compassionate Glen Allen wrongful death lawyers at MartinWren, P.C., are here to support families through challenging claims. We know how to handle sensitive cases with care while still fighting for the results you deserve.
You can contact us today to discuss your situation during a complimentary consultation and learn how we may be able to assist you.
Call (434) 817-3100 or complete a Case Evaluation form
