Virginia Families May File Claims on Behalf of Deceased Family Members

After the death of a loved one, unexpected and costly bills related to the death can exacerbate an already painful situation. You may find it impossible to ponder the financial future of your family as you grieve. Virginia law provides families the power to hold wrongdoers accountable by recovering damages for the costs related to a fatal accident. A qualified Virginia wrongful death attorney with The Cochran Firm, D.C. can help you and your family hold negligent individuals and companies responsible for their reckless conduct. Our experienced lawyers will guide you through the legal process every step of the way and handle all of the challenging details and issues often entailed in a Virginia wrongful death case.

Virginia has its own unique laws governing wrongful death lawsuits distinct from both Washington, D.C. and Maryland. Virginia laws give your family legal remedy to recover for damages for the loss of your loved one if he or she died as a result of someone else’s negligence. Virginia’s wrongful death laws imposes a two year statute of limitations on filing claims. Our seasoned wrongful death lawyers can help you determine the applicable deadline for filing your case.

What Kind of Damages Can I Recover in a Virginia Wrongful Death Lawsuit?

Virginia wrongful death laws allow courts to award family members of wrongful death victims “fair and just” compensation. In Virginia, there is no cap on damages (except for punitive damages) for wrongful death claims, unless the death resulted from negligence associated with medical malpractice. Virginia law lists a variety of recoverable damages categories, including:

  • Pain and suffering for the loss of a loved one and the loss of the decedent’s companionship, comfort, guidance, and advice.
  • Any loss of income from the deceased which surviving family members would rely upon.
  • Services the victim would have rendered for the surviving family such as protection, care, and other domestic services.
  • Hospital bills and medical treatment
  • Funeral costs

How Are Damages Determined in a Virginia Wrongful Death Lawsuit?

Virginia courts adjudicating a wrongful death lawsuit may distribute the compensation for pain and suffering, loss of income, and loss of services as it sees fit to each surviving family member named in the wrongful death claim. Damages for medical bills, funeral costs, and punitive damages must be specifically stated by the courts. Medical bills and funeral costs will be apportioned directly to the creditors who rendered these services.

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