Richmond, VA Wrongful Death Lawyer

Virginia law allows injured victims to pursue damage claims, but tragically, some injuries are fatal.

When this occurs, surviving loved ones may be eligible for a wrongful death claim.

These cases are complicated, high-stakes claims because a significant amount of money is often involved due to the tremendous losses a wrongful death causes.

Our Richmond personal injury lawyers at Monge & Associates are here to help with these claims. Give us a call to schedule a free consultation and learn how we can help. 

Why Choose Monge & Associates for Your Wrongful Death Case

Monge & Associates is uniquely qualified to represent you in wrongful death claims because:

• We’ve focused on our entire careers on helping injured victims and have been doing so since 1993, giving us the experience needed to handle wrongful death claims.
  
• We’ve successfully recovered millions for surviving loved ones who lost their family members in a fatal accident, and we know how to build a compelling case. 
  
• We have strong negotiating skills, so we can help you resolve your wrongful death claim in an out-of-court settlement. This helps you move on more quickly and focus on the grieving process
  
• Our firm has won many wrongful death claims in court when no settlement is reached, and we know how to present compelling evidence of the extent of your loss to a jury. 

These are just some of the many reasons why Monge & Associates is the firm to turn to in these tough situations.

What Constitutes a Wrongful Death Claim in Virginia

Virginia Code § 8.01-50 establishes the rules for wrongful death claims. Under the law, you can pursue a wrongful death case if:

• The death occurred as a direct result of the wrongful or negligent act of the defendant
• The deceased person would have been able to make an injury claim if they had lived
• The death caused actual damages that the deceased victim and surviving loved ones should be compensated for 

A Richmond, VA wrongful death lawyer can help you to determine if you have a claim under the relevant law and, if so, can help you to prove it.

Common Types of Wrongful Death Cases in Richmond

Wrongful death claims can arise whenever an individual or entity fails to fulfill their obligations to a deceased victim and causes a death to occur as a result.

Some of the most common situations that result in wrongful death claims include: 

• Medical Malpractice: When professionals make errors that cause fatalities, they can be held responsible. Common examples of medical malpractice that result in wrongful death include misdiagnosis, delayed diagnosis, medical mistakes, and surgical errors.
  
• Motor Vehicle Accidents: Auto accidents are one of the leading causes of wrongful death in Virginia. Examples include car and truck crashes, drunk driving fatalities, and pedestrian accidents.
  
• Workplace Accidents: Workplace accidents, including construction site fatalities and industrial accidents, can result in a wrongful death case. These types of claims are usually handled under workers’ compensation, rather than through a civil lawsuit.
  
• Nursing Home Abuse and Neglect: Nursing homes must care for residents, but unfortunately, may fall short in ways that have fatal consequences. 
  
• Defective Products: Manufacturers are expected to release only safe products, but sometimes defects cause devastating harm when a product is used as intended. A manufacturer can be strictly liable for a death that results, even if the company was not negligent. 
  
• Criminal Acts and Intentional Violence: Intentional wrongdoing can also result in fatalities, and those who cause harm on purpose can also be held accountable and made to compensate surviving loved ones. 

Who Can File a Wrongful Death Claim in Virginia

Under Virginia law, only the personal representative of the deceased is allowed to file a wrongful death claim.

The personal representative is appointed by the court or is chosen by the deceased in their will to administer their estate after death.

They are sometimes also referred to as an executor of the estate or administrator of the estate.

Statutory beneficiaries in a Virginia wrongful death claim

When the executor files a wrongful death claim and wins, VA law determines who will collect compensation from the case. In order of priority, here is who can be paid wrongful death damages: 

• Surviving spouse and children (primary beneficiaries)
• Parents and siblings (if no spouse/children)
• Other dependent relatives in the household

Virginia intestacy laws determine who recovers compensation when no close family survives

Virginia Wrongful Death Laws and Deadlines

There are certain key laws that you need to know when you are involved in a Virginia wrongful death claim or when your loved one has been killed and you are considering pursuing a case.

Here’s what you need to know. 

Two-Year Statute of Limitations

As a general rule, the Virginia statute of limitations gives you a two-year time limit to pursue a wrongful death case. However, there can be exceptions.

For example, the discovery rule may give more time to take action when the cause of death is not immediately apparent.

Virginia’s Wrongful Death Statute (§8.01-53)

Virginia Code section §8.01-53 establishes specific requirements for prevailing in a wrongful death claim, including a requirement that you prove the deceased would have been able to make a claim had their injuries not been fatal.

It will be up to the plaintiff to show the defendant had an obligation to the deceased, failed to fulfill it and should thus be held liable for losses.

A Richmond, VA wrongful death lawyer can help plaintiffs to prove every element of their case to maximize the chances of a successful outcome. 

Damages Available in Richmond Wrongful Death Cases

Surviving loved ones who pursue a wrongful death claim are entitled to be “made whole’ or fully compensated for losses after a fatal crash.

Here are some of the different kinds of damages that our firm can help you to recover.

• Economic Damages:
  
  • Medical expenses before death
  • Funeral and burial costs
  • Lost wages and future earnings
  • Loss of services and household support
    
• Non-Economic Damages:
  
  • Sorrow and mental anguish
  • Loss of companionship and guidance
  • Loss of parental care and nurturing
    
• Punitive Damages:
  
  • Cases involving gross negligence
  • Drunk driving and intentional acts

How Our Richmond Wrongful Death Attorneys Build Your Case

Monge & Associates will help you at every step of your wrongful death claim. Here are some of the services that we can offer to help you through this difficult time. 

Thorough Investigation Process

• Evidence gathering and preservation: We’ll help you to collect the information you need, such as police reports, security camera footage, and physical evidence from the accident scene.
  
• Witness interviews: We’ll interview eyewitnesses who can help to explain how the fatal injuries happened.
  
• Expert consultations: We have a team of medical and financial experts as well as  accident reconstruction specialists who can testify for you.

Establishing Liability

• Proving duty of care: We’ll assist in showing that the defendant had an obligation to the deceased. 
  
• Demonstrating breach of duty: We can help prove the defendant failed to fulfill this obligation, thus becoming liable for losses.
  
• Connecting negligence to fatal injuries: We will help you show the defendant’s actions were the direct cause of harm.

Calculating Full Compensation

• Working with economic experts: We’ll connect you with experts who can testify as to the extent of the loss 
  
• Documenting all damages: Our firm will assist in gathering documentation of all damages including medical records, wage loss, funeral costs and more. 
  
• Future loss projections: We’ll help you to calculate the lifetime of lost wages and lost companionship you should be compensated for. 

The Legal Process for Wrongful Death Claims

When you’re represented by our Richmond, VA wrongful death lawyers, here’s what you can expect during your claim process: 

• Initial consultation and case evaluation: We’ll talk with you to understand your case and the extent of your loss. 
  
• Investigation and evidence collection: Our firm will gather the necessary evidence to make a strong claim. 
  
• Filing the claim with proper documentation: We’ll file the correct court paperwork to get your case underway.
  
• Negotiation with insurance companies: We can bring strong litigation skills to the table to help you maximize the chances of a settlement.
  
• Litigation if settlement cannot be reached: Our team is experienced in litigation and we can represent you in trial in Richmond Circuit Court. 

Why Families Need a Richmond Wrongful Death Lawyer

If your loved one was killed, don’t try to navigate the legal process alone. You need help from an experienced attorney who can:

• Help you understand complex Virginia laws
• Deal with aggressive insurance companies on your behalf.
• Help you to understand the extent of your damages
• Ensure you meet  critical deadlines so your case isn’t time-barred
• Give your family space to grieve while our attorney handles  the legal matters 
• Maximize your chances of recovering full compensation through experienced negotiation

These are just some of the many services we can offer after your loved one has been killed. 

Frequently Asked Questions

How much is my wrongful death case worth?

The value of your case varies based on the specifics of your losses, including the age of the deceased, their earning power, and more. Call us for a personalized case evaluation. 

How long will the case take to resolve?

Your case’s timeline is determined by many factors including whether the insurer is willing to settle. We’ll help you to understand what to expect in your initial consultation. 

What if we can’t afford an attorney?

Our Richmond VA wrongful death lawyers work on a contingency fee basis so we only charge legal fees if we recover compensation for you. 

Contact Our Richmond Wrongful Death Attorneys Today

Monge & Associates is here and ready to help if you have lost a loved one and are ready to pursue a wrongful death case.

Give us a call today to schedule a consultation so our attorneys can start fighting for you. 

Visit Our Richmond Office

7204 Glen Forest Dr Suite 200A
Richmond, VA 23226
(804) 315-3263