You generally have two years from the date of your loved one’s death to file a wrongful death claim in Virginia. The filing window starts on the day the person dies, not the date of the accident or injury that caused the death. In Virginia, only the personal representative of the deceased person’s estate can bring the claim in most cases. If you plan to file, you should act quickly. You could lose your right to sue if you miss the filing deadline.To learn more about filing a wrongful death claim and discuss the specific facts of your case, contact us today at Lichtenstein Law Group PLC. We have nearly 100 years of combined legal experience and are dedicated to providing the highest level of legal representation in every case. We can offer a free consultation.How Does Virginia Define a Wrongful Death?Virginia law defines a wrongful death as a death caused by someone else’s wrongful act, neglect, or default. If the person who died could have filed a personal injury lawsuit if they survived, then a wrongful death claim exists.Wrongful death claims can arise due to fatal incidents involving things like:Car, truck, motorcycle, pedestrian, or bicycle accidentsMedical errorsDangerous property conditionsDefective products.Virginia law also allows claims for the wrongful death of an infant if someone else’s actions caused the fetal death. In those cases, only the natural mother can file the claim.To file a claim, the action that caused the death must be something that Virginia law recognizes as unlawful. It does not matter if the party meant to cause the harm. What matters is that the person or entity acted in a way that caused the death and would have made them legally responsible for the person’s injuries if they lived.Except in cases involving the wrongful death of a baby, only the personal representative of the deceased person’s estate can bring a wrongful death claim. The personal representative is usually the executor named in the person’s will.If there is no will, or the named executor cannot serve, the court can appoint an administrator — often a close family member — to act as the personal representative. That person can ask the court for damages (money) for surviving family members. Contact our wrongful death attorney today.Does Virginia’s Wrongful Death Statute of Limitations Have Any Exceptions?Yes. In Virginia, you must file a wrongful death claim within two years of the death. Virginia has some exceptions to the two-year filing window for wrongful death claims. These exemptions can give the personal representative more time to act in certain situations.One example is the discovery rule. The two-year filing window can be delayed if the personal representative did not know and could not reasonably have known that someone’s wrongful act caused the death. In these cases, the clock starts ticking on the date the cause of death is discovered, not the date of death.Other exceptions can pause or even shorten your time to file. Rather than trying to figure it out yourself, consulting an experienced wrongful death attorney is essential. Your lawyer can identify the appropriate deadline and ensure you don’t lose your right to compensation based on a technicality.What Happens If You Do Not File Your Wrongful Death Claim Before the Statute of Limitations Expires?If you miss the applicable deadline for your wrongful death claim in Virginia, the court will most likely dismiss your case. It would eliminate your opportunity to demand compensation and accountability through the court system. Even if you have strong evidence to support your case, the court will not hear it if you wait too long.Additionally, the longer you wait, the harder it can be to gather evidence before it deteriorates. Waiting could also impact your ability to obtain witness statements before their memories fade. If you think you have a claim, do not wait to talk with an attorney who can help you move forward.Who Is Allowed to File a Wrongful Death Claim in Virginia?In most cases, only the personal representative of the deceased person’s estate can file a wrongful death claim in Virginia. This person is either named in the deceased’s will or appointed by the court.Although the personal representative files the claim, the compensation they recover is meant to benefit the surviving loved ones of the person who died. These parties might include the deceased’s spouse, children, parents, or other close relatives.In cases involving the wrongful death of a baby, the rules are different. Only the natural mother of the infant can file the claim. If the mother dies or becomes legally unable to file, her estate’s representative, guardian, or court-appointed representative can file the claim instead.Types of Damages in a Wrongful Death CaseCompensation in a Virginia wrongful death case can include money for:Funeral and burial expensesMedical costs incurred before the victim diedLoss of financial supportYour pain and sufferingLoss of companionshipLoss of consortiumLoss of household services that the victim would have provided.While no amount of money can make up for the death of a lost loved one, it can provide a measure of justice and accountability and safeguard the family’s financial future during such a difficult time.Contact a Virginia Wrongful Death LawyerIf you lost a loved one because of someone else’s actions or inaction, the Virginia wrongful death attorneys at Lichtenstein Law Group PLC can help. With nearly 100 years of combined legal experience, we know how to handle cases like yours. Contact us for your free consultation to learn how we can help you demand justice for your loss.
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