Understanding Virginia’s Wrongful Death Statute

Virginia’s wrongful death statute gives the personal representative of a deceased person’s estate the right to file a lawsuit if another party’s wrongful actions or inaction caused the death. The statute specifies who can bring the claim and what compensation they can recover. It also covers how that compensation gets distributed and how long survivors have to bring the wrongful death claim. Together, these rules form the foundation for all wrongful death claims filed in Virginia.

If you know or suspect you have grounds for a legal claim following a loved one’s death, a Virginia wrongful death attorney from Lichtenstein Law Group PLC can review your case and help you explore your options.

How Can a Virginia Wrongful Death Lawyer Help Me?

The prospect of filing a wrongful death claim can feel overwhelming, especially when you’re grieving. But an experienced wrongful death attorney can handle every part of the process for you. Your attorney can investigate what caused your loved one’s death, collect and analyze evidence, consult expert witnesses, and build a strong case that holds the responsible party accountable. They can also calculate the full value of your family’s losses and negotiate or litigate to recover what the law for Virginia wrongful death cases allows.

At Lichtenstein Law Group PLC, we focus on serious injury and wrongful death cases that demand total commitment and courtroom experience. Our team has nearly 100 years of combined legal experience and a record of success that includes a $1.5 million wrongful death settlement for a cyclist killed by a distracted driver. We prepare every case for trial from the start and work tirelessly to secure justice for families coping with these devastating losses.

How Does Virginia Classify a Wrongful Death?

The Virginia Code defines a wrongful death as one caused by another party’s wrongful act, neglect, or default. Generally speaking, a wrongful death claim exists if the person who died could have filed a personal injury claim had they lived. In such cases, the personal representative of the deceased’s estate has the right to file a wrongful death action on behalf of surviving family members. This right applies whether the death resulted from someone else’s negligence, recklessness, or even conduct that would qualify as a felony.

The law also includes special provisions for fetal deaths. In those cases, the natural mother has the right to file suit if another person’s wrongful act or neglect caused the loss of the deceased child.

Who Can File a Wrongful Death Lawsuit in Virginia?

Only the personal representative of the decedent’s estate may file a wrongful death lawsuit in Virginia. This person acts on behalf of the estate and all potential beneficiaries. If the decedent was an adult, the personal representative is usually the executor named in the deceased’s will or an administrator appointed by the court.

While the personal representative is responsible for filing the legal action, any damages recovered go to the statutory beneficiaries, which may include any of the following under Virginia law:

• The decedent’s surviving spouse or surviving children (if the victim’s children are deceased, the victim’s children can file on their deceased parent’s behalf)
• The decedent’s surviving parents, siblings, or household members who depend on the decedent for financial support, if there are no living spouse, children, or grandchildren
• Any surviving family member authorized under Virginia’s intestacy laws, if there are no other statutory beneficiaries

If the case involves a fetal death, Virginia law authorizes the natural mother to bring the lawsuit. If the natural mother dies or becomes legally incapacitated, her guardian, administrator, or personal representative may continue the action.

These restrictions aim to prevent multiple competing lawsuits and keep the process consistent. They also ensure that courts can oversee these claims and later supervise the distribution of any monetary awards.

How Can You Prove the Other Person Was at Fault for the Fatal Accident?

A wrongful death lawyer builds their case by collecting solid evidence that shows how the defendant’s actions caused the fatal accident. The goal is to present clear, verifiable proof that connects the wrongful act or negligence to the person’s death. Each piece of evidence plays a role in establishing what happened, who was responsible, and the defendant’s liability. Examples of useful evidence may include:

• Accident and police reports
• Accident scene photos and video footage
• Witness testimony and statements
• Expert testimony from accident reconstruction specialists
• Medical records and autopsy reports
• Cell phone records
• Vehicle black box or event data recorder information
• Surveillance or traffic camera footage
• Employer or maintenance logs
• Toxicology reports
• Physical evidence from the scene
• Company safety records or policy documents

If you would like to learn whether you have legal grounds to file a wrongful death claim in Virginia, contact us today for a free consultation.

What Financial Compensation Can You Seek in a Virginia Wrongful Death Lawsuit?

A wrongful death lawsuit can yield several types of compensation for losses caused by the death. Under  Virginia law, the court  may award any amount it considers fair and just for:

• Sorrow, mental anguish, emotional pain, and “solace,” such as loss of companionship, comfort, and guidance
• Lost income and loss of services the decedent would have provided, including care, protection, and assistance
• Final medical expenses related to the injury that caused the deceased’s death
• Reasonable funeral expenses and burial costs

In rare cases, punitive damages might also be available in a wrongful death case. These damages differ from other monetary awards in a wrongful death case because they are not intended to compensate survivors for any loss. Their purpose is to punish the wrongdoer and discourage them and others from engaging in similar behavior in the future.

In Virginia, courts may award punitive damages only if a defendant’s actions showed willful or wanton conduct or a conscious disregard for the safety of others. This standard goes beyond ordinary negligence. It applies when a defendant knew or should have known that their conduct created a substantial risk of harm but chose to ignore it. For example, a drunk driver who causes a fatal crash or a company that knowingly violates safety laws could be ordered to pay punitive damages.

If you lost a loved one under such circumstances, our wrongful death team can help seek justice for you.

Does Virginia Law Place Caps on Wrongful Death Damages?

Virginia law does not place a general limit on wrongful death damages (monetary awards). A court or jury may award any amount it finds fair based on the evidence. However, specific limits do apply in wrongful death cases involving medical malpractice.

Under state law, the total recovery for claims against a healthcare provider cannot exceed the medical malpractice cap set for the year the act occurred. For medical malpractice occurring between July 1, 2025, and June 30, 2026, for example, compensation is capped at $2.70 million.

That cap applies to all compensation combined for a single patient, including wrongful death, injury to the mother, or death of multiple fetuses arising from the same act. Outside of medical malpractice, Virginia imposes no statutory limit on compensation for wrongful death.

How Are Virginia Wrongful Death Claims Paid?

After the court awards wrongful death compensation, Virginia law directs how the money should be distributed. The total amount goes first to the personal representative, who must use it to pay court costs and reasonable attorney’s fees. The representative must also pay any outstanding medical bills, hospital bills, or funeral costs if the court has allocated part of the award to cover these expenses.

Next, the personal representative must distribute any remaining funds to the decedent’s statutory beneficiaries. These typically include the surviving spouse, children, grandchildren, or other immediate family members who depended on the deceased. The jury determines each beneficiary’s share if the verdict specifies it, or the judge will do so if the jury does not.

Importantly, wrongful death proceeds never become part of the decedent’s estate. This means creditors cannot use them to satisfy debts, so beneficiaries receive the funds directly.

What If the Person Was Partly Responsible for the Accident That Caused Their Death?

Virginia courts follow a strict “pure contributory negligence” rule in cases involving multiple at-fault parties. Under this rule, if the deceased person shared any part of the fault for the accident – even as little as one percent – the law bars recovery in a wrongful death claim.

This rule makes Virginia one of the few states where any proven fault on behalf of the decedent prevents their survivors from claiming wrongful death compensation. Insurance companies know this, so they often try to avoid paying what they owe by arguing that the deceased contributed to the accident.

A wrongful death lawyer can counter these claims by gathering strong evidence, consulting experts, and presenting clear proof that the other party was entirely at fault. When fault is in dispute, early investigation can make a significant difference. Evidence like detailed accident reports, expert analysis, and eyewitness accounts can all demonstrate exactly what happened and protect the family’s right to seek compensation under Virginia law.

Does Virginia Have a Statute of Limitations for Filing a Wrongful Death Lawsuit?

Yes. Virginia law gives the personal representative of the deceased two years from the date of death to file a wrongful death lawsuit. If the personal representative files the case after those two years have passed, the court will likely dismiss it. However, if a case is filed on time but dismissed for reasons other than the merits, the time that the case was pending does not count toward the two-year limit. The representative may then refile the lawsuit within the remaining time.

Due to these complex timing rules, any delay in investigation or filing can jeopardize the family’s ability to recover compensation. The sooner families act, the more time their attorneys have to preserve evidence, identify all liable parties, and make sure the lawsuit complies with Virginia’s wrongful death statute of limitations.

Get Help from an Experienced Virginia Wrongful Death Attorney

If you lost a loved one because of another person’s carelessness or wanton conduct, contact the trial lawyers at Lichtenstein Law Group PLC today for a free initial consultation. Our attorneys have decades of courtroom experience and a proven record of results in complex wrongful death cases. We can review your situation, explain your legal options, and outline the steps we’ll take to pursue justice for your family.