Losing someone to death is always painful. It is hard to say goodbye to those that we love. However, that pain is exacerbated when death is the result of someone else’s carelessness. Our pain is much worse when we know that our loved one’s death did not need to happen. This is why Virginia has adopted special rules that govern claims by family members who have suffered the loss of someone they loved because of the negligence of another person. These claims are called wrongful death claims. If you believe that you have a wrongful death claim in Richmond, Virginia, or in any of the surrounding counties and cities, there are things that you need to know about wrongful death lawsuits.

WHAT IS A WRONGFUL DEATH?
Virginia Code § 8.01-50 defines deaths that are subject to wrongful death claims as those deaths that are caused by the wrongful act, neglect, or default of any person or corporation. That means that if your loved one dies due to the carelessness of another person or corporation, you may have a claim for wrongful death. You can approach a qualified Richmond’s wrongful-death attorney to properly bring the claim before the court.
WHO MAY BRING A CLAIM FOR WRONGFUL DEATH?
Virginia Code § 8.01-50 requires that all wrongful death lawsuits be brought by a personal representative. That usually means either an executor, or a person who has been appointed as an administrator of the decedent’s estate. In cases of the death of a fetus, the lawsuit is brought in the name of the natural mother, or if the natural mother is deceased, by the personal representative of the natural mother. In any case, if you believe that you have a claim for wrongful death in Richmond Virginia, or in any of the surrounding counties and cities, you should speak to the best wrongful-death attorney in Richmond VA who is experienced in handling wrongful death claims in order to make sure that the proper person is bringing the action before the court.
WHO IS ENTITLED TO RECEIVE THE PROCEEDS OF A WRONGFUL DEATH LAWSUIT?
Virginia Code § 8.01-53 governs who may receive the proceeds of a wrongful death lawsuit. Regardless of the wrongful-death attorney in Richmond VA who brings the claim, or what any will that the decedent left may state, it is the Code of Virginia that controls who may receive any monies obtained as the result of a settlement or verdict in any wrongful death lawsuit. The people entitled to the proceeds of a wrongful death claim are referred to as the beneficiaries.
According to Virginia Code § 8.01-53, if there is a surviving spouse of the deceased, then any monies recovered in a wrongful death claim will go to the surviving spouse, as well as to any children of the deceased and children of any deceased child of the deceased. If any parent of the deceased person was financially dependent upon the deceased person within 12 months of that person’s death, then that surviving parent would also be entitled to receive a portion of the proceeds of a wrongful death claim.
If the decedent has no surviving spouse or children, or any children of any deceased child of the deceased, then the Virginia Code § 8.01-53 states that the monies recovered in a wrongful death claim shall go to the surviving parents of the deceased as well as to the brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support, and who is also a member of the same household as the decedent.
If none of the people listed above survive the decedent, then Virginia Law requires that any proceeds from a wrongful death lawsuit go to any surviving family members who would otherwise be entitled to inherit under the intestacy laws of Virginia which are governed by Virginia Code § 64.2-200. If you believe that you may be entitled to the proceeds of a claim for wrongful death in Richmond Virginia or any of the surrounding counties and cities, you should speak to a wrongful-death lawsuit attorney in Richmond VA who is experienced in handling the claims thereof.
WHAT MAY A JUDGE OR JURY CONSIDER IN DETERMINING THE AMOUNT OF COMPENSATION IN A WRONGFUL DEATH LAWSUIT?
The evidence that may be considered in determining the amount of compensation to which any surviving beneficiaries in a wrongful death lawsuit are entitled is governed by Virginia Code § 8.01-52. Such evidence includes:
1. Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, and advice of the decedent.
2. Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent.
3. Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death.
4. Any reasonable funeral expenses.
Virginia Code § 8.01-52 also provides that the surviving beneficiaries in a wrongful death lawsuit may be entitled to punitive damages (additional monies meant to punish the person responsible for the decedent’s death) for any willful or wanton conduct on the part of the person responsible, or any recklessness on their part as evinces a conscious disregard for the safety of others.
WHAT TYPES OF INCIDENTS TYPICALLY CAUSE A WRONGFUL DEATH?
While the causes of wrongful death claims are too numerous to list, some of the more common causes are:
- Automobile accidents
- Motorcycle accidents
- Trucking accidents
- Medical Malpractice
If you believe that a loved one’s death was caused by any of the above, or that for any reason you may have a claim for wrongful death in Richmond Virginia, or in any of the surrounding counties and cities, then you should speak to a wrongful-death lawsuit attorney in Richmond VA who is experienced in handling the claims.