A wrongful death claim arises when someone dies due to another's negligence or wrongful act. Virginia's Wrongful Death Act (Va. Code § 8.01-50) governs these claims.
What a Wrongful Death Claim Is
Who Can Recover
Virginia law specifies a class of beneficiaries — typically the surviving spouse, children, and certain other relatives. The claim is brought by the personal representative of the estate.
What Damages Are Available
Recoverable damages can include sorrow and mental anguish, lost income and services the deceased would have provided, medical and funeral expenses, and in some cases punitive damages.
The Two-Year Deadline
Wrongful death claims generally must be filed within two years of the date of death. Acting promptly preserves evidence and protects the family's rights.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.