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 money can undo what 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.

Have you lost a loved one due to someone else's negligence? Call Rowe, Weinstein & Sohn, PLLC (571) 486-4798 or contact us online to speak to our wrongful death lawyers in Virginia!

What Is Wrongful Death?

In Virginia, a wrongful death occurs when the wrongful act or neglect of another individual or entity causes a person's death. 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 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 frequently result in more severe injuries or fatalities than other motor vehicle accidents. Commercial trucks' sheer size and weight, 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 include 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.

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, there is no valid will, or if the person named in the will can 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 contact 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 deceased's surviving spouse and children. 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 compensating any relative primarily dependent on the deceased for support or services, even if they are not within the immediate family hierarchy.

The court determines the distribution of the compensation awarded in a wrongful death lawsuit, considering 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 most significant loss due to the wrongful death.

How to Prove a Wrongful Death Lawsuit in Virginia

The plaintiff must prove several key elements to succeed in a wrongful death lawsuit in Virginia. 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: