Wrongful death is caused when the dangerous actions or negligence of another party (a person, group of individuals, or organization) results in a fatality. In Virginia, qualifying representatives of the decedent’s estate may have grounds to pursue compensation via a wrongful death lawsuit within two years of the date of their passing. Damages Available …
What Is the Statute of Limitations for a Wrongful Death Lawsuit in Virginia?
The statute of limitations for a wrongful death lawsuit is two years in Virginia, per Va. Code § 8.01-244. This law places a deadline on how long you have to file suit. If someone else caused your loved one’s accident and your loved one passed away from their injuries, you could hold the responsible party …
Can a Family Member Sue for Wrongful Death?
A question we often get is whether a family member can sue for wrongful death. The short answer is that, yes, a family member can sue for wrongful death in Virginia. That said, state law is rather specific as to who qualifies for civil litigation when it comes to the loss of a close loved …
What Qualifies as a Wrongful Death?
What qualifies as wrongful death, according to Virginia Code § 8.01-50, are fatalities that result from the following actions: The wrongful or negligent act of another person or company The death of an unborn child caused by wrongful or neglectful acts A qualifying family member can file an insurance claim or wrongful death lawsuit if …
How Do You Prove Wrongful Death?
According to Virginia Code § 8.01-50, you or your lawyer must prove the following elements to have a successful claim for wrongful death: Death was the result of the “wrongful act, neglect, or default of [a] person or corporation.” A wrongful death lawyer in Manassas can help you determine the cause of your loved one’s …
Who Can Bring a Wrongful Death Claim?
If the death of a family member was caused by another person’s actions, specific family members can receive compensation from a wrongful death claim against the at-fault party. Those family members may include the deceased person’s surviving: Spouse Children Grandchildren Parents Under certain circumstances, siblings and other family members might also be eligible to bring …