Making the Impossible Possible

Virginia Wrongful Death Attorneys

Compassionate Representation for Families of Wrongful Death Victims in Annandale

Losing a loved one because of someone else’s negligence can be unfathomable and difficult to accept. Amidst your anger and grief, you will also be shouldered with the financial burdens that come with a funeral, burial, and final medical expenses. You and your family should not have to cover these losses when the death of your loved one was avoidable.

At Rowe, Weinstein & Sohn, PLLC, we are committed to offering powerful and dedicated advocacy to families of wrongful death victims. Our compassionate and experienced Virginia wrongful death lawyers understand how to successfully hold negligent parties accountable and secure the compensation your family needs to begin healing. No amount of money can undo what has happened, but we are here to help you get justice and closure. With an undeniable record of success and hundreds of millions already recovered for our clients, you can rest assured that your case will be in good hands.

Our team is ready to listen to your story and walk you through what we can do for your family. We invite you to schedule a free initial consultation by calling (571) 486-4798 or contacting us online today.

What Is Wrongful Death?

In Virginia, a wrongful death occurs when a person's death is caused by the wrongful act or neglect of another individual or entity. Put another way, if the victim could have filed a personal injury claim against the responsible party had they survived, their passing likely provides grounds for a wrongful death case. It is important to note that the underlying cause of the wrongful death must meet the legal definition of negligence, which involves a failure to exercise reasonable care that results in harm to another person.

One of the key aspects of a wrongful death claim is proving causation. This means that you must be able to demonstrate a direct link between the defendant's negligent action and your loved one’s death. Our Virginia wrongful death attorneys understand how to build strong cases and can gather the evidence needed to prove causation.

Many wrongful death cases stem from:

Car accidents. If your loved one suffered fatal injuries in a car accident caused by another driver’s negligence, you and your family may have a wrongful death case against the negligent driver. Negligent driving behaviors include excessive speeding, drunk driving, distracted driving, or violating traffic laws. Alternatively, if a fatal car accident was caused by a manufacturing defect, such as faulty brakes or airbags, the manufacturer could be held liable for a wrongful death. You would need to prove that the defect directly caused the accident and subsequent death and that the victim was using the vehicle as it was intended to be used at the time of the accident.
Motorcycle accidents. Due to their exposed nature and lack of protection compared to closed vehicles, motorcyclists are particularly vulnerable to catastrophic injuries in accidents, many of which are caused by negligence. Many drivers fail to check their blind spots or do not provide motorcyclists with the necessary space on the road, potentially leading to fatal accidents.
Truck accidents. Truck accidents frequently result in more severe injuries or fatalities compared to other motor vehicle accidents. The sheer size and weight of commercial trucks, combined with their longer stopping distances, can result in devastating collisions. Wrongful death cases involving truck accidents tend to be more complex due to the potential for multiple liable parties.
Medical malpractice. Medical malpractice refers to situations where a healthcare provider causes the death of a patient by failing to meet the expected standard of care. This neglect may consist of misdiagnosis, surgical errors, improper medication dosage, or failure to provide timely treatment. In these scenarios, you must prove that the healthcare provider's negligence or incompetence directly caused your loved one’s death.
Premises liability incidents. If your loved one suffered fatal injuries because a property owner failed to address known safety hazards, such as a broken stair rail or a snow-covered walkway, you may have grounds for a wrongful death claim. Examples of premises liability incidents that can result in wrongful death include slip and fall accidents, swimming pool accidents, elevator or escalator accidents, fires, exposure to hazardous materials, and even criminal activity due to inadequate security measures.

Get the personalized legal attention your wrongful death case demands and deserves. Call (571) 486-4798 or contact us online to speak to our compassionate team today.

Who Can File a Wrongful Death Lawsuit in Virginia?

Only the personal representative of the deceased’s estate has the right to bring a wrongful death lawsuit on their behalf in Virginia. This individual, also known as the “executor,” is usually appointed in the deceased’s will. If no such person has been designated in the will, if there is no valid will, or if the person named in the will cannot or will not assume the position, the court can appoint an administrator. If you have questions about who can file a wrongful death lawsuit and when, we encourage you to reach out to our team at Rowe, Weinstein & Sohn, PLLC.

Who Are the Beneficiaries of a Wrongful Death Lawsuit in Virginia?

In Virginia, the beneficiaries of a wrongful death lawsuit are the individuals who are legally entitled to receive compensation resulting from the death of a loved one due to someone else's negligence or intentional act. These beneficiaries are typically the deceased's immediate family members and are specified by Virginia's wrongful death statute. The hierarchy of beneficiaries is as follows:

Surviving Spouse and Children: The primary beneficiaries are the surviving spouse and children of the deceased. If the deceased had a spouse and children, they are given the highest priority in receiving the damages awarded in a wrongful death lawsuit. This includes both biological and adopted children.
Grandchildren: If the deceased's children are also deceased, the grandchildren of the deceased may become beneficiaries. They can claim compensation in place of their deceased parent.
Parents: If the deceased did not have a surviving spouse or children, the deceased's parents can be beneficiaries. This includes both biological and adoptive parents.
Siblings: If the deceased did not have a surviving spouse, children, or parents, the deceased's siblings can be the beneficiaries. This includes both biological and adoptive siblings.
Other Relatives: In the absence of a spouse, children, parents, or siblings, more distant relatives such as nieces, nephews, and grandparents may be considered beneficiaries.

Additionally, Virginia law allows for the possibility of providing compensation to any relative who was primarily dependent on the deceased for support or services, even if they are not within the immediate family hierarchy.

The distribution of the compensation awarded in a wrongful death lawsuit is determined by the court, which considers the level of dependency and the relationship between the deceased and each beneficiary. This process ensures that the financial recovery is fairly allocated among those who suffered the greatest loss due to the wrongful death.

How to Prove a Wrongful Death Lawsuit in VA

To succeed in a wrongful death lawsuit in Virginia, the plaintiff must prove several key elements. These elements establish the basis of liability and the connection between the defendant's actions and the deceased's death. The essential elements are as follows:

1. Duty of Care

The plaintiff must first demonstrate that the defendant owed a duty of care to the deceased. A duty of care is a legal obligation to act with a certain level of caution and consideration to avoid causing harm to others. This duty can arise from various relationships, such as doctor-patient, driver-pedestrian, or employer-employee.

2. Breach of Duty

Next, it must be shown that the defendant breached this duty of care through negligent, reckless, or intentional actions. A breach occurs when the defendant fails to act as a reasonable person would under similar circumstances. This could involve actions such as driving recklessly, providing substandard medical care, or failing to maintain safe premises.

3. Causation

The plaintiff must establish a direct causal link between the defendant's breach of duty and the deceased's death. This means proving that the defendant's actions or inactions were the proximate cause of the fatal incident. In other words, it must be shown that the death would not have occurred but for the defendant's breach of duty.

4. Damages

Finally, the plaintiff must provide evidence of the damages suffered by the surviving family members as a result of the wrongful death. These damages can include both economic and non-economic losses, such as medical expenses incurred prior to death, funeral and burial costs, lost wages, loss of the deceased's services and support, emotional pain and suffering, and loss of companionship.

Proving these elements typically requires a combination of evidence, including:

Documentation: Medical records, accident reports, employment records, and other relevant documents.
Witness Testimony: Statements from eyewitnesses, expert witnesses (such as medical or accident reconstruction experts), and family members.
Physical Evidence: Photographs, video footage, and other tangible evidence related to the incident.
Expert Analysis: Expert testimony to establish the standard of care, causation, and the extent of damages.

Compensation for Families of Wrongful Death Victims in Virginia

In Virginia, the personal representative of the deceased’s estate generally only has two years from the date of the victim’s passing to file a wrongful death lawsuit. If this deadline passes, the family will be barred from recovering compensation, which is why it is crucial to get legal advice as quickly as possible.

We aim to hold the responsible party fully accountable for their actions and secure maximum compensation. To that end, we diligently prepare every case for trial and will leverage the full extent of our resources in our fight to get you and your family what you are entitled to under the law.

Our Virginia wrongful death lawyers will work to obtain just compensation for all losses, including:

Funeral and burial expenses
Final medical expenses
Lost income, including any income the deceased reasonably would have earned had they lived
Loss of services, care, and assistance
Loss of comfort, companionship, and guidance
Mental anguish

The deceased’s surviving spouse and children usually receive the proceeds from a wrongful death lawsuit. Note that adopted children and stepchildren are eligible to receive wrongful death compensation in Virginia. If the deceased has no surviving spouse or children, the surviving parents or siblings will typically collect wrongful death compensation.

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