Local Lawyers Provide Aggressive Representation for Wrongful Death in Virginia

Skilled and concerned attorneys assist grieving families

The unexpected death of a loved one causes shock and grief. But when the death could have been prevented through an ordinary exercise of care, shock and grief turn quickly to anger. At Marcari, Russotto, Spencer & Balaban, we help shattered families fight for justice. We realize that no amount of money can bring your loved one back, but a civil lawsuit does hold wrongdoers accountable and the funds you recover can ease the financial burdens due to your loved one’s death.

Who can sue for wrongful death in Virginia?

The Code of Virginia lists persons who can sue and recover damages for wrongful death. These statutory beneficiaries are:

  • The surviving spouse
  • Children of the deceased
  • Children of any deceased child of the deceased
  • Parents
  • Siblings
  • Other relatives in the household who were primarily dependent on the decedent for support

A personal representative generally brings one suit on behalf of all interested parties. Virginia does allow interested parties to bring wrongful death action for the death of a fetus, provided that the action is not against the natural mother.

What damages are recoverable in a wrongful death case in Virginia?

A judge or jury can award damages that are “fair and just.” A court may instruct a jury that it may award compensation for:

  • Sorrow and mental anguish due to loss of comfort, companionship, guidance, etc.
  • Reasonably expected loss of income from the decedent
  • The monetary value of losses related to services, protection, care and assistance
  • The decedent’s medical expenses related to the injury
  • Reasonable funeral expenses
  • Punitive damages if the defendant’s conduct was willful or wanton or evinced such recklessness amounting to a conscious disregard for the safety of others.

You should be aware that the same liability laws apply for wrongful death as for personal injury. Therefore, credible evidence that your loved one contributed even slightly to the fatal accident could bar your recovery. The statute of limitations for wrongful death in Virginia is two years from the date of death. If you are concerned about how to file a claim or the cost of filing, our attorneys can provide those answers and any additional information you need to make the best decision for your claim.

Get aggressive representation for your wrongful death claim in Virginia

At Marcari, Russotto, Spencer & Balaban, our attorneys have the sensitivity to assist grieving families still reeling from a sudden and devastating loss. But we also have the determination to fight for justice, all the way through trial when necessary. To schedule a free consultation with a knowledgeable and experienced wrongful death attorney, call (888) 351-1038 or contact our office online.