After the unexpected loss of a loved one, costly bills related to the death can worsen an already devastating situation. If the fatal accident was preventable and caused by someone else’s negligence, recklessness, or intentional misconduct, you may be eligible to pursue a wrongful death claim to recover damages.

At Geoff McDonald & Associates, our Richmond wrongful death lawyers have decades of experience working with grieving family members after fatal accidents and have successfully recovered more than $400 million in compensation for our clients. This includes a recovery of $4.7 million for a family who lost a loved one in a workplace accident. Our firm’s CEO, President and Attorney, Geoff McDonald, is an active member of the Virginia Trial Lawyers Association and a member of the National Trial Lawyers Top 100.

Call to schedule a free consultation with a Richmond wrongful death lawyer to see if you are eligible to file a wrongful death claim. There are no upfront fees involved. If you do not get paid, we do not get paid.

We are available 24/7 online or over the phone. Call us at 804-888-8888.

How Virginia Defines a Wrongful Death

Virginia defines a wrongful death as one caused by a wrongful act, neglect or default. A wrongful death claim may be brought to court if a loved one’s death was the result of another person’s illegal or negligent actions or if the deceased person would have been able to file a person injury claim had he or she lived.

Several incidents that may result in a wrongful death include:

Need legal help? Contact our firm to review your claim today.

Those Eligible to File Wrongful Death Claims

Only surviving family members and dependents of the deceased, known as beneficiaries, are eligible to file a wrongful death claim under state law. However, it is the personal representative of the deceased person’s estate who actually files the claim on behalf of the beneficiaries. The law also has a certain order of who can sue, including:

  • Spouses and children (including adopted children and stepchildren) or grandchildren
  • Parents, siblings or other relatives of the deceased (if there are no surviving spouses or children)
  • Other parties who would inherit the estate (if no other family survivors)

Determining who can take legal action can be complicated, but one of the experienced wrongful death attorneys from our firm is prepared to help guide you throughout the legal process.

Wrongful Death Damages Available

Although every case is unique, these are some of the typical damages available from a wrongful death claim in Virginia:

Economic Damages

These damages are meant to compensate the family and estate for any financial losses suffered, such as:

  • Medical costs related to the deceased’s final injury or illness
  • Reasonable funeral and burial expenses
  • Value of lost wages and benefits the deceased would have earned if still alive
  • Value of goods and services the deceased would have continued to provide
  • Loss of an inheritance caused by the unexpected death

Non-Economic Damages

These damages include the emotional losses surviving family members and dependents experience, such as:

  • Pain and suffering for the sudden loss of their loved one
  • Loss of care, comfort, protection, guidance and advice
  • Loss of companionship or consortium

Punitive Damages

Punitive damages are awarded in rare cases and not intended to compensate the deceased person’s estate or surviving family members. Rather, these damages are meant to punish the other party for willful, malicious or reckless conduct and to deter others from doing the same.

Deadline to Take Legal Action

Virginia follows a statute of limitations that places a deadline on the amount of time the family and estate has to take legal action for a wrongful death.

In most instances, claims must be filed within two years from the date of the decedent’s death. If a wrongful death claim is not filed within the two-year time limit, the court will likely dismiss the case and any ability to recover compensation.

It is important to adhere to the state-mandated filing deadline to help protect your legal rights. If you are unsure whether your statute of limitations has passed, one of our wrongful death lawyers can help you determine what deadlines may apply in your situation.

Contact our office today to get started: 804-888-8888.

Length to Settle a Wrongful Death Case

The length it can take to settle a wrongful death case will depend on many factors. While a claim may settle quickly, it could also get drawn out for several months or even years. These factors are typically impacted by the complexity of the case, medical records, death certificates, autopsy reports, police records, eyewitness testimony, as well as the amount of damages calculated.

While no amount of compensation can bring a loved one back, it may help you and your family move forward with your lives. Our wrongful death lawyers are prepared to fight for just and fair compensation for you.

When is the Time to Start the Wrongful Death Process?

After a tragic and often unexpected loss, it is natural to feel lost and unsure of what steps to take next. During this difficult time, it is important to consider your rights and options regarding your loved one’s wrongful death.

You may be wondering when is the right time to start the wrongful death process. It can be tempting to focus on your grief and family’s emotional state for some time, as adding the legal process can seem stressful. However, the sooner you begin the process, the better. Further, getting a wrongful death lawyer on board will relieve stress from your family – not add to it.

Evidence Collection

Starting the wrongful death process promptly allows your attorney to begin gathering critical evidence immediately. Evidence can often fade or disappear with time, so allowing them to start investigating and collecting right away can only help your case. Such evidence can include accident reports, witness statements, video footage, and more.  These pieces of evidence are essential in building a strong case and establishing liability. If they disappear before you start the case, it can weaken your position.

Dealing With Insurance Companies

Additionally, reaching out to an experienced wrongful death lawyer in Richmond early on can ensure you have a knowledgeable advocate by your side to communicate with insurers and adverse parties. Insurance companies might reach out to your family shortly after the fatal accident in anticipation of a wrongful death claim. They might have questions for you, and you might feel tempted to talk to them as they seem supportive. 

Keep in mind that insurance companies are businesses that want to minimize what they pay claimants. Adjusters might ask questions that seem harmless, though they might seek answers to use against your future claim. They might even make a quick offer, which might seem generous to your family in the wake of the death. 

It is always best to avoid discussions with insurers and never accept anything without legal advice. Instead, contact a Richmond wrongful death lawyer. We can handle all insurance communications, ensuring there are no statements that might jeopardize your family’s recovery. We will review all settlement offers in light of your losses to ensure you never accept anything less than you deserve.

When faced with the loss of a loved one due to someone else’s negligence, it is important to act swiftly and consult with a wrongful death attorney. Time is not on your side in these cases, and delaying the process can have severe consequences for your chances of obtaining justice.

Call a Richmond Wrongful Death Lawyer To Get Started

Having an attorney with your best interests in mind can be an important part of the recovery process after the unexpected loss of a loved one caused by negligence.

A Richmond wrongful death lawyer from Geoff McDonald & Associates is ready to review your situation and answer any questions you may have about the claims process in a free legal consultation. We work on a contingency fee basis, so there are no upfront fees. We do not get paid unless you obtain a recovery.

Give us a call at 804-888-8888 or contact us online.

Wrongful Death FAQs

If you’re facing the loss of a family member due to a wrongful death, you likely have many questions and concerns. Here are some frequently asked questions to help you better understand this complex legal matter.

Do I Have a Wrongful Death Case?

A wrongful death occurs when someone’s life is taken due to the negligence, recklessness, or intentional actions of another person or entity.

Why Should I Hire a Wrongful Death Lawyer?

While nothing can replace the void left by the loss of a loved one, hiring a wrongful death lawyer can provide you with the legal support and guidance you need during this difficult time. A skilled lawyer will oversee the legal process, gather evidence, and build a strong case on your behalf, so you do not have to worry about any of this.

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