When a person dies due to the wrongful or negligent actions of another individual or entity, the resulting legal claim is known as a wrongful death suit. In Virginia, this allows surviving family members, such as spouses, children, and certain dependents, to seek compensation for the significant emotional, financial, and practical losses they have suffered due to their loved one’s untimely passing.
What are the Most Common Wrongful Death Cases?
According to data from authoritative sources such as the Centers for Disease Control and Prevention (CDC) and the National Safety Council (NSC), motor vehicle accidents, medical malpractice, workplace accidents, product liability cases, premises liability incidents, and violent crimes consistently rank among the leading causes of wrongful death cases in the United States. These tragic events frequently give rise to legal claims brought by surviving family members seeking justice and compensation for their losses.
Who Can Recover Damages in a Wrongful Death Case?
Virginia law outlines specific beneficiaries who may be eligible to recover damages in wrongful death suits, prioritized as follows:
- Surviving spouse, children, and grandchildren (if a child has predeceased the decedent).
- If no spouse or children exist, then parents, siblings, or other relatives primarily dependent on the deceased for support and living in the same household.
- If the deceased is survived by a spouse and parents but no children or grandchildren, the damages will be distributed between the spouse and the parents.
- Any additional relatives primarily dependent on the decedent for support and who reside in the same household may also recover damages if categories 1 or 2 beneficiaries exist.
- If none of the above categories of survivors exist, then the decedent’s heirs as determined by § 64.2-200 of the Virginia Code may recover.
What Damages Can Be Recovered?
In a wrongful death case, survivors may be entitled to various types of damages, including:
- Emotional damages: compensation for sorrow, mental anguish, loss of companionship, guidance, and comfort.
- Financial damages: including the deceased’s lost income, services, protection, care, and assistance.
- Medical expenses: costs associated with care, treatment, and hospitalization related to the fatal injury.
- Funeral expenses: reasonable costs associated with funeral and burial services.
- Punitive damages: applicable when death results from willful, wanton, or reckless conduct demonstrating a conscious disregard for the safety of others.
At Overbey, Hawkins, Wright & Vance, we understand that no monetary compensation can truly offset the tragic loss of a loved one. Our experienced legal team has successfully handled numerous wrongful death cases and is committed to guiding you through every step of this difficult process with compassion and expertise. Should you ever need assistance, we are ready to help you seek the justice your family deserves.
