Understanding Wrongful Death Claims After Fatal Car Accidents in Virginia

A wrongful death claim allows you to seek compensation and accountability if your loved one dies in a Virginia car accident due to someone else’s negligence, carelessness, or reckless behavior.

In a wrongful death case, you can ask for money to cover lost income, funeral costs, and the emotional impact of your loss. In some cases, the court might also award extra money if the other driver acted with intentional malice, extreme carelessness, or disregard for others.

Who May File a Virginia Wrongful Death Lawsuit After a Car Accident?

When a person dies from the bodily injuries they suffer in a car accident, Virginia law allows only one person to file a wrongful death lawsuit on behalf of the victim’s surviving loved ones. This person is the personal representative of the person who died. However, in cases involving the wrongful death of a fetus, Virginia law allows the natural mother to file the claim.

In most cases, the personal representative is the executor of the deceased person’s estate and is named in their will. If there is no will or the executor cannot serve, the court may appoint someone else.

Although only the personal representative can file a wrongful death claim in most cases, the money they recover from the lawsuit will benefit all surviving family members, which may include the deceased’s surviving spouse, children, parents, or other close relatives. Contact our Roanoke wrongful death attorney today.

What Is Required to Prove the Other Driver Was at Fault for the Car Accident that Caused the Wrongful Death?

You must show that the other driver acted carelessly or broke traffic laws to prove fault in a wrongful death claim after a fatal car crash in Virginia. You must also show that this behavior directly caused the crash and the death. In many cases, identifying and gathering evidence for a car accident claim can be challenging.

An experienced wrongful death attorney can handle this process on your behalf. Your lawyer can collect strong evidence like witness statements, crash scene photos, and traffic camera footage. They might also work with accident reconstruction professionals who can explain how the crash happened by examining skid marks, vehicle damage, and road conditions.

A wrongful death lawyer can also gather phone records, driving history data, or toxicology results if alcohol or drugs might have played a role in the crash. They can use this evidence to build a timeline and show how the other driver’s actions led directly to your loved one’s death.

What Should You Do If You Believe You Have a Valid Wrongful Death Claim?

If you lost a loved one in a car accident and believe someone else was at fault for the crash, you can take certain steps to protect your rights. Virginia law gives families only a short time to act. So, it’s best to move quickly. The following is what you should do:

• Get a copy of the crash report from the police department that responded to the scene.
• Save all medical bills, funeral records, and any other paperwork related to the accident or your loved one’s death.
• Write down everything you remember or know about the crash as soon as possible.
• Make a list of witnesses or anyone who might have information about the accident.
• Talk with a lawyer who handles wrongful death cases in Virginia to review your options.
• Avoid speaking with the other driver’s insurance company until you get legal advice.

What Types of Damages Can Be Sought Under Virginia’s Wrongful Death Laws?

Virginia courts can award damages for different types of losses in a wrongful death claim. These include emotional and financial losses you suffer due to your loved one’s death. The amount you can receive depends on the facts. Virginia law sets out clear rules about what the court may include in a final judgment.

In your claim, you could seek damages for the following:

• Sorrow, mental anguish, and solace — The court can award compensation for the emotional pain family members experience due to the loss. The law also allows family members to seek recovery for the loss of the decedent’s comfort, guidance, and companionship.
• Lost income and services — Wrongful death damages can include money to replace the income the deceased would have earned and provided to their family if they had lived. The court can also award compensation for the value of services the person might have provided, such as help with childcare, home repairs, or other daily tasks.
• Medical expenses related to the final injury — If the person who died received medical care before their passing, the family can seek compensation for those final treatment costs. This includes hospital bills, emergency care expenses, and any other health service costs related to the injury that led to the person’s death.
• Funeral and burial costs — Families can also ask the court to include compensation for reasonable funeral and burial expenses for the deceased in a wrongful death award.

If the at-fault driver acted with extreme recklessness or intentional malice, the court might also award punitive damages to surviving family members in a wrongful death claim. These damages are intended to punish the at-fault party rather than to compensate the survivors. A court must look at how the other driver acted and whether that behavior crossed the line into willful or wanton conduct in deciding whether punitive damages are appropriate.

What Is the Statute of Limitations for a Virginia Wrongful Death Claim?

As with a car accident lawsuit, Virginia’s statute of limitations gives you two years to file a wrongful death lawsuit. This two-year filing window begins on the date of your loved one’s death, which is not necessarily the same as the date of the fatal car accident.

If you wait too long and miss the deadline, you could lose your right to sue. That’s why you should contact a lawyer right away after a fatal car crash. Your attorney can review the facts, gather the right records, and file all the paperwork on time. The sooner you reach out, the better chance you have of moving forward without missing any key deadlines.

Contact a Virginia Wrongful Death Lawyer

If you lost a loved one in a fatal car accident and believe someone else caused it, contact the Virginia wrongful death attorneys at Lichtenstein Law Group PLC. Our team has nearly 100 years of combined legal experience, and we know how to handle serious cases with care and attention. We offer free initial consultations, so you can talk with our lawyers and get answers without any cost or obligation.