Who Can File a Wrongful Death Lawsuit in Richmond, VA?

According to the CDC, there are nearly 225,000 unintentional injury deaths each year.

Not every unintentional death leads to a wrongful death lawsuit, but getting the right legal help is essential to determine the right course of action. If you’ve had a loved one die in unfortunate and unforeseen circumstances, you might be wondering whether or not you’re even allowed to file a lawsuit.

The process of filing a wrongful death claim is different depending on where you live. Keep reading, and we’ll explain how it works in Virginia and explain some of the benefits of getting the right wrongful death attorney to help.

What Is a Wrongful Death?

A wrongful death claim can be filed when someone is killed due to neglectful or illegal actions on someone else’s part. Many common wrongful death cases involve medical malpractice, car accidents, and defective products.

Who Can File a Wrongful Death Lawsuit?

Under Virginia law, wrongful death lawsuits can be filed by a representative of the estate. Typically, this would be an immediate family member, such as a spouse or child (including adopted children and stepchildren).

There’s a specific order as to who can sue, so if the deceased has no children, it would fall to their parents to file a lawsuit, followed by siblings. If there are no family members as described above, more distant family members can submit a wrongful death action.

Because it can be complicated to follow the correct order, it’s a good idea to hire a lawyer who has a deep understanding of these laws.

How Damages Are Determined

Damages are determined by the specifics of your case. Some very common ones covered under the Virginia Wrongful Death Statute include pain and suffering, lost income from the deceased, and loss of companionship. In addition, medical bills, funeral expenses, and punitive damages are always considered.

Why You Should Hire a Lawyer

Hiring a wrongful death lawyer will help you navigate the process. When a loved one dies under these types of circumstances, the last thing you want to do is deal with the legal ramifications. Your lawyer takes your case on so that you can focus on grieving.

It can also be complicated and intimidating to go against the guilty party’s insurer and legal team. Without a lawyer, you may end up accepting a settlement that doesn’t line up with the damages.

Your lawyer will look at your case and help you determine the appropriate settlement amount. If need be, they’ll represent you in court and fight until you get properly compensated.

Get the Best Wrongful Death Lawyer in Virginia

It’s a time of mourning when a loved one dies. Filing a wrongful death lawsuit is necessary to obtain financial justice but also to honor the person you loved that is no longer with you.

Now that you understand the process of filing a wrongful death lawsuit, it’s time to hire legal help. Contact us today to book a consultation, and let us help you move on from this unfortunate incident.