Richmond Wrongful Death Attorneys
Wrongful death lawyers in Richmond helping Virginia families after a tragic loss
Losing a loved one is never easy, especially when their death was caused by someone else’s negligence. In Virginia, the victim’s family has the right to seek justice and financial compensation through a wrongful death claim. At Phelan Petty, we’re here to support you during this difficult time. Our experienced Richmond wrongful death attorneys have helped families across Virginia get the justice they deserve. Contact us today to find out how we can help you.
What is wrongful death?
In Virginia, wrongful death is the death caused by the willful, negligent, or wrongful action, neglect, or default of another party (Virginia Code § 8.01-50). Lawsuits for wrongful death are designed to provide the beneficiaries of the decedent compensation for their losses.
What is the process for filing a wrongful death claim in Virginia?
Per Virginia Code § 8.01-50, a wrongful death claim can be brought by a personal representative of the estate of the decedent. The representative is the person who controls the decedent’s estate. If the decedent left a will naming an executor, that person would be the personal representative. If there is no named personal representative, under Virginia Code § 64.2-454, “An administrator may be appointed in any case in which it is represented that either a civil action for personal injury or death by wrongful act, or both, arising within the Commonwealth… by the clerk of the circuit court in the county or city in which jurisdiction and venue would have been properly laid for such actions.”
What damages are recoverable in a wrongful death action?
Virginia does not impose limits on the level of compensatory damages that may be awarded in a wrongful death lawsuit. The jury in a wrongful death action will be instructed to award damages as may seem fair and just, and its verdict shall include, but may not be limited to, damages for the following:
- Sorrow, mental anguish, loss of society, companionship, comfort, guidance, and advice of the decedent;
- Compensation for loss of income of the decedent and services, protection, care, and assistance provided by the decedent;
- Expenses for the care, treatment, and hospitalization of the decedent relating to the injury resulting in his or her death;
- Funeral expenses; and
- Punitive damages may be recoverable if the defendant’s actions rise to the level of willful or wanton conduct or if such recklessness evinces a conscious disregard for the safety of others. (Virginia Code 8.01-52)
Who are the beneficiaries of a Richmond wrongful death claim?
The damages awarded pursuant to § 8.01-53 shall be distributed to:
- The surviving spouse, children of the deceased and children of any deceased child of the deceased, and the parents of the decedent, if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or
- If there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
- If the decedent has left both a surviving spouse and parent or parents but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or
- If there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent, or
- If no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200. (Virginia Code § 8.01-53)
The above list of potential statutory beneficiaries reflects the specific order under Virginia law concerning who is entitled to the distribution of funds awarded in a wrongful death action. If a loved one does not fall under the definition of beneficiary in § 8.01-53, then they are not entitled to a recovery under Virginia’s wrongful death statutes.
How long do I have to file a wrongful death claim in Virginia?
Under Virginia law, the personal representative of the estate of the decedent must file a wrongful death claim within two years of the date of the decedent’s death. The court will not hear a wrongful death claim beyond this statute of limitations.
Every wrongful death lawsuit has its own unique set of evidence and circumstances that an experienced and skilled attorney must be able to navigate in the most effective manner possible to achieve the best results for the client.
How can a Richmond wrongful death lawyer help me and my family?
Our Richmond wrongful death attorneys can provide valuable support and guidance after the unexpected death of a loved one. Here’s how we can help you and your family:
- We will thoroughly investigate the incident, gathering evidence to prove negligence or wrongdoing. This can include reviewing medical records, accident reports, witness statements, and expert testimony.
- As stated earlier, Virginia law limits who can file a wrongful death claim. Our lawyers work to ensure the right family members are included in the claim.
- A wrongful death claim can seek damages for medical bills, funeral expenses, lost income, and even emotional suffering. We will determine the full value of your claim in order to fight for maximum compensation.
- Insurance companies often try to minimize payouts. Our skilled lawyers handle all negotiations to protect your interests and ensure you don’t settle for less than you deserve.
- If a fair settlement is impossible, we are ready to take your case to trial, presenting strong evidence to fight for justice on your behalf.
At Phelan Petty, we understand how overwhelming this time can be. Our Richmond wrongful death attorneys are here to help you navigate the legal process with compassion and determination.
What are the common causes of wrongful death cases in Virginia?
|
Our successful verdicts and settlements
Phelan Petty has a long history of achieving successful settlements and verdicts for our clients. Here is a sample:
- $3.75 million settlementin a wrongful death case involving the drowning death of a 10-year-old girl at a resort swimming pool when her hair became entrapped in a suction outlet. The plaintiff alleged that the resort had used a suction outlet drain cover that did not comply with national or international standards. We pursued theories of negligence as to the use of the drain cover and a franchisor’s failure to enforce its own standards as to the types of covers that should be utilized in all pools.
- Phelan Petty partners Jonathan M. Petty, and Brielle M. Hunt were recognized by Virginia Lawyers Media for securing one of the top verdicts in Virginia for 2021. Their $3 million jury verdict in a fetal death case in Henrico County was listed as #3 for the year. This verdict was the first plaintiff’s verdict in a medical malpractice case in Virginia since the onset of COVID-19. We invite you to read more about the case here.
- $2 millionwrongful death case due to the failure to diagnose lung cancer
- $1.7 millionmediated settlement of a wrongful death motor vehicle accident case involving an 87-year-old The defense alleged that the deceased woman was contributorily negligent.
- $1.3 millionwrongful death case involving improper chemotherapy for testicular cancer
- $1.275 millionwrongful death case due to a vascular injury to a neonate with a congenital heart defect
- $1.25 millionwrongful death stillbirth case with delayed cesarean section
- $1.3 millionwrongful death case due to the failure to manage diabetes
- $1.2 millionwrongful death of a neonate after failures to properly treat diabetic mother
- $1.1 millionwrongful death case of pediatric patient due to improper anesthesia
- $1 millionwrongful death case resulting from complications of prostate surgery
Contact us today, and we will work to secure a favorable verdict or settlement for you.
Compassionate counsel from Richmond wrongful death lawyers
Phelan Petty represents injured clients in Richmond and throughout Virginia. To set up a free case review, call us today at 804.886.1466 or use our contact form to leave us a message.
Related: