Table of Contents
Virginia Wrongful Death Attorney
Table of Contents
Key Takeaways
- A wrongful death claim allows certain surviving family members to seek compensation after the loss of a loved one caused by negligence or a wrongful act in Virginia.
- Only the personal representative of the estate may file a wrongful death lawsuit in Virginia.
- The statute of limitations for a wrongful death claim in Virginia is two years from the date of death.
- Damages may include funeral and burial costs, loss of income and services, medical expenses, and emotional losses such as sorrow and mental anguish.
- Working with a Virginia wrongful death attorney can help families follow strict procedural rules and hold negligent parties accountable.
- Marcari, Russotto, Spencer & Balaban offers FREE consultations, works on a contingency fee basis, and has secured multimillion-dollar wrongful death recoveries.
Nothing can truly prepare you for the sudden loss of a loved one. Whether it happens in a car accident, in a hospital, at work, or under entirely preventable circumstances, the grief can feel overwhelming, especially when you know it could have been avoided.
While no amount of compensation can bring your loved one back, holding the responsible party accountable may provide a sense of closure and help ease the financial burdens left behind. You deserve time to grieve, not to be burdened with paperwork, court deadlines, and difficult conversations with insurance companies.
At Marcari, Russotto, Spencer & Balaban, we help Virginia families through the wrongful death process. We explain your legal rights in plain language, answer your questions with compassion, and manage the legal details so you can focus on healing.
“Great people, great help! Mrs.Shelia Hemingway and Mr.Brad Balaban are definitely recommended!! A+ work thank you for all your help!” —Joseph R.
Why You Should Hire a Wrongful Death Attorney in Virginia
Virginia’s wrongful death statutes are complex and require careful attention to deadlines. Having an experienced legal team on your side can make a meaningful difference during a difficult time. A Virginia wrongful death attorney understands local laws and the procedural requirements needed to protect your claim.
A wrongful death attorney can:
- Handle all filings, court deadlines, and probate requirements.
- Gather important evidence such as police reports, medical records, and witness statements.
- Communicate with insurance companies and opposing parties on your behalf.
- Build a strong case for a fair settlement or take the case to trial if needed.
- Work with qualified investigators and expert witnesses to strengthen your claim.
- Provide compassionate legal guidance throughout the process.
- Charge no legal fees unless compensation is recovered for you.
You have already endured a tremendous loss. Our team is here to help protect your future and provide peace of mind during this challenging time.
Why Choose Marcari, Russotto, Spencer & Balaban for Your Wrongful Death Claim
Families across Virginia have turned to our law firm for guidance after the devastating loss of a loved one. At Marcari, Russotto, Spencer & Balaban, we combine decades of legal experience with a strong commitment to our clients’ well-being. From our offices across Virginia, including Chesapeake, Alexandria, Newport News, Richmond, Roanoke, and Virginia Beach, we have helped families pursue the compensation and accountability they are entitled to under the law.
Our Firm Offers Free Consultations
We understand how difficult it can be to take the first step. That is why we provide FREE, no-obligation consultations. You will speak directly with a compassionate wrongful death attorney who will listen to your story, answer your questions, and explain how Virginia law applies to your case. Just reach out to schedule an appointment.
No Legal Fees Unless We Win Your Case
We work on a contingency fee basis, meaning you owe no legal fees unless we obtain compensation on your behalf. There are no upfront costs and no hourly billing — only dedicated legal help when you need it most.
Proven Results in Wrongful Death Cases
Our case results include:
- $2,750,000 for a fatal motor vehicle accident involving product liability.
- $1,100,000 for a client killed in a tractor-trailer crash, leaving a spouse and three children.
- $1,000,000 for the estate of a young man killed by a box truck that ran a red light.
- $900,000 for a family who lost a loved one in a fatal car accident.
Testimonials
“Handled my lawsuit for my car accident my wife had passed away now they’re handling her case and doing it in a very professional way in my opinion I’m not sure if I would ever use any other law firm but this one they’ve been really good to me they always answer the calls or Communications great they got all the attorneys or solid I’m just glad I made the first call then they’ve taken good care of me they’ve already settled my case and they’re working on sending my wife so I couldn’t be happier at this point I give him five stars they earned it.” — Eric R.
“The attorneys, paralegals and administrative staff at the MRS&B are very professional, polite, kind and responsive. Whenever I had questions or wanted an update they were always happy to provide as much information as they could on my case. Periodically I was contacted for exactly that reason and they always checked in with me about my health and well being. I have not felt like just a number, which is remarkable considering the number of claimants MRS&B is representing.” — Derek W.
Meet Our Wrongful Death Attorneys
What Is a Wrongful Death Claim in Virginia
Under Virginia Code § 8.01-50, a wrongful death claim is a civil lawsuit that arises when someone dies because of another party’s negligent or intentional act. The action is brought by the personal representative of the deceased’s estate on behalf of certain surviving family members, who may seek compensation for losses related to the death.
Civil Nature of Wrongful Death Claims vs. Criminal Cases
A wrongful death claim is a civil action focused on obtaining financial recovery for eligible family members. In some circumstances, a related criminal case may also be filed against the same party. However, a wrongful death lawsuit addresses civil liability and does not impose criminal penalties such as imprisonment.
Common Causes of Wrongful Death in Virginia
Wrongful death can result from many types of fatal incidents, often occurring suddenly and involving negligence or misconduct. Under Virginia law, a wrongful death action may be brought when a person’s death is caused by the wrongful act, neglect, or default of another. Examples include:
- Motor vehicle crashes, including car, motorcycle, and pedestrian accidents.
- Commercial truck accidents, including those involving tractor-trailers, delivery vans, and other large vehicles.
- Medical malpractice, such as surgical errors, misdiagnoses, or failure to provide appropriate treatment (Virginia Code § 8.01-581.1 et seq.).
- Defective products that malfunction and cause fatal injuries (Virginia product liability laws).
- Workplace accidents caused by unsafe conditions or violations of safety standards.
- Nursing home neglect or abuse resulting in death.
If another party’s negligence or wrongful act caused your loved one’s death, the personal representative of the estate may have grounds to pursue a wrongful death claim in Virginia.
What to Do After a Wrongful Death Accident in Virginia
After a fatal incident, taking prompt action can help preserve important evidence and protect the legal rights of the estate and beneficiaries. Key steps include:
- Contact law enforcement so that an official report is created.
- Secure any available evidence, such as photos, witness names, and scene details.
- Keep receipts and records of expenses related to the death, including funeral costs, medical bills, and lost income.
- Speak with a Virginia wrongful death attorney as soon as possible to discuss your legal options.
- If no personal representative is named in a will, request that the court appoint one to act on behalf of the estate.
The wrongful death attorneys at Marcari, Russotto, Spencer & Balaban can guide you through each of these steps, handle communications with insurers and opposing parties to prepare your case in compliance with Virginia’s strict procedural rules.
Who Can Sue for Wrongful Death in Virginia?
Under Virginia law, only the personal representative of the deceased’s estate may initiate a wrongful death lawsuit. This representative may be:
- The executor named in the will
- An administrator appointed by the court
- A qualified family member appointed solely for the purpose of pursuing the claim
Damages awarded are distributed to the statutory beneficiaries listed in Virginia Code § 8.01-53, which may include a surviving spouse, children, or parents, depending on the circumstances.
How to Start a Wrongful Death Lawsuit
The process starts by confirming that a qualified personal representative is appointed to act on behalf of the estate. Once appointed, the representative, with the help of legal counsel, prepares and files the complaint in the appropriate Virginia circuit court. The filing sets out the legal basis for the claim and the damages sought under Virginia law.
Because wrongful death cases involve strict procedural rules and deadlines, working with an attorney familiar with Virginia law can help protect your rights and strengthen your claim. The team at Marcari, Russotto, Spencer & Balaban can guide you through each stage of the process, from initial filings to case preparation, so you can focus on your family during this difficult time.
Burden of Proof in a Virginia Wrongful Death Claim
In Virginia, the personal representative must establish the claim by a preponderance of the evidence, meaning it is more likely than not that the defendant’s wrongful act, neglect, or default caused the death. To meet this burden, the representative must prove:
- The defendant owed the deceased a legal duty of care.
- That duty was breached through negligence, recklessness, or intentional misconduct.
- The breach directly caused the death.
- The death resulted in losses to the statutory beneficiaries.
Meeting this standard often requires careful investigation, expert analysis, and the ability to present evidence effectively in court. The attorneys at Marcari, Russotto, Spencer & Balaban have experience handling these elements in Virginia wrongful death cases and can manage the legal process while you focus on your family.
Key Evidence in a Virginia Wrongful Death Lawsuit
Evidence used to support a wrongful death claim may include:
- The death certificate and any autopsy findings.
- Medical records related to the injury or illness that caused the death.
- Police or accident reports.
- Witness statements and expert testimony.
- Documentation of funeral and burial expenses, medical bills, and other financial losses.
- Testimony describing the impact of the loss, including mental anguish and loss of companionship.
Collecting, organizing, and presenting this evidence in a way that meets Virginia’s rules of evidence is critical to the success of the case. An attorney at Marcari, Russotto, Spencer & Balaban can identify which evidence is most persuasive, work with expert witnesses, and handle the legal process of admitting it in court.
What Is the Statute of Limitations for Wrongful Death in Virginia?
Under Virginia Code § 8.01‑244(B), a wrongful death lawsuit must generally be filed within two years of the date of death. While exceptions are rare, the statute of limitations may be tolled in limited cases involving fraud, incapacity, or a nonsuit followed by a timely re-filing under Virginia’s savings statute.
What Compensation Can Be Recovered in a Virginia Wrongful Death Case?
Virginia law allows for recovery of both economic and non-economic damages in a wrongful death action, which may include:
- Mental anguish, sorrow, and emotional suffering
- Loss of the deceased’s income and services
- Loss of companionship, guidance, comfort, and support
- Medical expenses related to the fatal injury or illness
- Funeral and burial costs
These damages are intended to address the financial and emotional impact of the loss on the statutory beneficiaries. The attorneys at Marcari, Russotto, Spencer & Balaban can evaluate the full scope of losses in your case, work with financial and medical experts, and present a compelling claim for appropriate compensation under Virginia law.
Impact of Contributory Negligence on a Virginia Wrongful Death Claim
Virginia follows a pure contributory negligence rule, meaning that if the deceased is found to be even 1% at fault for the incident, the wrongful death claim may be barred. This is one of the strictest negligence standards in the country and can make recovery challenging.
An attorney at Marcari, Russotto, Spencer & Balaban can investigate the facts, work with accident reconstruction experts, and gather evidence to address potential contributory negligence arguments from the defense. Careful preparation is essential to protect the claim and preserve the rights of the beneficiaries.
How a Virginia Wrongful Death Attorney Can Assist Your Family
The loss of a loved one is overwhelming, and navigating Virginia’s wrongful death laws on your own can add to that burden. An attorney can:
- Provide compassionate legal guidance tailored to your family’s needs.
- Manage all court filings, procedural requirements, and deadlines.
- Conduct a thorough investigation and preserve key evidence.
- Communicate and negotiate with insurance companies and opposing counsel.
At Marcari, Russotto, Spencer & Balaban, we combine decades of legal experience with a client-focused approach. Our team handles the legal complexities so you can focus on grieving, supporting your family, and moving forward.
Frequently Asked Questions
Can a Doctor Be Sued for Wrongful Death?
Yes. Under Virginia Code § 8.01-50, a wrongful death action can be brought against a healthcare provider if their negligence, such as failing to meet the accepted standard of care, caused a patient’s death. These cases often require detailed medical records and testimony from qualified medical experts. The attorneys at Marcari, Russotto, Spencer & Balaban have experience coordinating with medical experts to build strong claims.
How Are Wrongful Death Settlements Paid Out?
Settlements may be paid as a lump sum or through structured installments. Funds first address estate obligations, and the remainder is distributed to statutory beneficiaries under Virginia law. Courts may oversee the distribution to confirm compliance with the statute.
What Happens if Multiple Family Members Disagree About Pursuing a Wrongful Death Claim?
The personal representative has the authority to file the lawsuit on behalf of all beneficiaries. Disagreements over settlement amounts or distribution are resolved under Virginia’s wrongful death statutes or, if necessary, by the court.
Schedule a Free Consultation With a Virginia Wrongful Death Lawyer Today
If you have lost a loved one due to negligence or wrongful conduct, you do not have to face the legal process on your own. The experienced wrongful death attorneys at Marcari, Russotto, Spencer & Balaban provide compassionate guidance and experienced representation in wrongful death matters across Virginia.
We offer free consultations and handle cases on a contingency fee basis, meaning you pay no legal fees unless compensation is recovered for your family. Call us at 855-435-7247 or complete our contact form to schedule a free case evaluation with a Virginia wrongful death lawyer and learn how we can assist you.
Written By Donald Marcari
Don is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He gained national attention when his exploits as a defense attorney with the U.S. Navy JAG Corps became the basis for “A Few Good Men.”
