A Loved One Has Died As A Result Of Wrongful Death- Here’s What You Need To Know Now
In Virginia, a wrongful death occurs when someone dies as a result of another person or entity’s wrongful act, negligence, or recklessness. A wrongful death lawsuit is a civil action brought by the family through the estate of the deceased to seek compensation for the losses they’ve suffered.
This is different from a criminal case, which is brought by the state and may result in jail time or fines. A wrongful death case is about securing financial recovery for the beneficiaries.
Key Differences from Personal Injury Lawsuits
Let’s take a closer look at the main differences between a wrongful death lawsuit and a personal injury claim.
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The Victim Can’t File the Lawsuit
In a personal injury case, the injured person sues for damages. In a wrongful death case, the person is deceased, so the lawsuit is filed by personal representative of the estate suing for recovery for the statutory beneficiaries.
In Virginia, wrongful death possible beneficiaries may include:
- The surviving spouse and children.
- Parents and siblings in some cases.
- Adopted children.
- Other relatives who were financially dependent on the deceased.
- Exactly who is a beneficiary is dependent on whether the deceased was married or had children at the time of his/her death.
- Damages Are Different
The types of compensation available in a wrongful death lawsuit are not the same as in a personal injury case. In Virginia, families can seek damages for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the decedent’s income and benefits
- Loss of companionship, guidance, and support
- Emotional pain and suffering of surviving family members
In contrast, a personal injury claim may include compensation for the victim’s medical expenses, lost wages, and pain and suffering —but not for the emotional and financial loss experienced by others.
- Deadline to File
Virginia law imposes a two-year statute of limitations for filing a wrongful death lawsuit. That means you have two years from the date of your loved one’s death to take legal action. This is the same time limit that applies to most personal injury cases—but in wrongful death claims, the clock starts ticking at the date of death, not the date of the accident or injury.
- Who Gets the Compensation
In a personal injury case, the compensation goes directly to the injured person. In a wrongful death case, compensation is paid to the estate and distributed to the beneficiaries. Virginia law has a specific hierarchy of beneficiaries, and in most cases, if the beneficiaries cannot agree to apportionment, then the court will distribute the settlement after hearing evidence of each’s relationship with the decedent. If the case is decided by a jury, the jury will assign a dollar amount for each beneficiary.
Common Accidents That Lead to Wrongful Death Claims
While the legal differences are important, it’s also helpful to understand what kinds of incidents commonly lead to wrongful death lawsuits in Virginia. These include:
- Car accidents
- Motorcycle accidents
- Trucking accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Pedestrian and bicycle crashes
If your loved one died in any of these types of incidents, and another party was at fault, you may have grounds for a claim.
How The Thomson Law Firm Can Help
At The Thomson Law Firm, we understand that no amount of money can replace your loved one. But financial recovery can help relieve the burden of medical bills, lost income, and funeral costs—while holding the responsible party accountable.
We offer:
- Free consultations
- No legal fees unless we win
- Compassionate, experienced legal representation in wrongful death lawsuits
- Unlike many other firms, if your case is accepted, it will be handled by Paul Thomson, not assigned to a young lawyer, or paralegal.
Paul Thomson has represented families across Roanoke and Southwest Virginia for more than 30 years, and he knows how to fight for the compensation your family deserves.
Speak with a Roanoke Wrongful Death Lawyer Today
If you’ve lost a loved one in an accident caused by someone else’s negligence, don’t wait. Contact The Thomson Law Firm today to schedule a free case evaluation. We’re here to explain your legal options, protect your rights, and help you move forward.
