What Will I Recover From a Wrongful Death Case?

 Posted on April 22, 2026 in Personal Injury

In a wrongful death case, you can recover compensation for the financial losses and personal harm your family has suffered because of your loved one's death. Under Virginia Code § 8.01-52, there are categories of damages available to surviving family members. These include things like lost income, medical bills, funeral costs, and the loss of the relationship itself.

What you recover depends on your relationship to the person who died and the specific circumstances of the case. If someone you love was killed because of another person's negligence or wrongful act and you need to pursue a claim in 2026, our Fairfax wrongful death lawyers can help you understand what your family may be entitled to and what steps to take next.

Who Can Bring a Wrongful Death Claim in Virginia?

Not everyone can file a wrongful death lawsuit. In Virginia, the claim must be filed by the personal representative of the deceased person's estate. This is usually the executor named in the will or someone appointed by the court if there is no will. However, the money recovered does not go to the estate itself. It goes directly to the surviving beneficiaries, which Virginia law defines as the surviving spouse, children, and grandchildren first, followed by other relatives if there are no immediate family members.

If you are unsure whether you qualify as a beneficiary or who should file the claim, an attorney can help you sort that out early so nothing is missed.

What Financial Losses Can You Recover From a Wrongful Death Claim in VA?

The financial side of a wrongful death case covers the real economic impact your family has suffered because of the death. These losses can be significant, especially when the person who died was a primary earner or provided important services to the household.

Economic damages in a Virginia wrongful death case can include:

• Medical expenses incurred from the time of injury to the time of death

• Funeral and burial costs

• Lost income the deceased would have earned over the rest of their working life

• Lost benefits such as health insurance, pension contributions, and retirement savings

• The value of household services the deceased provided, such as childcare, home maintenance, and other contributions

These figures are calculated based on what the person actually earned, what they were likely to earn in the future, and what it would cost to replace the services they provided.

What Personal Losses Can You Recover Through a Wrongful Death Claim?

Beyond the financial impact, Virginia law recognizes that losing a loved one causes a kind of harm that cannot be measured in dollars alone. Under § 8.01-52, surviving family members can seek compensation for the sorrow, mental anguish, and loss of companionship, comfort, and guidance that comes with losing someone close.

For a spouse, this includes the loss of the partnership and support that defined the marriage. For children, it includes the loss of a parent's guidance, care, and presence throughout their lives. These damages are real, even though they are harder to put a number on, and they are often the most significant part of a wrongful death recovery.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

These two claims are related but different, and in Virginia, they can sometimes be filed alongside each other. A wrongful death claim focuses on the losses suffered by the surviving family members. A survival action focuses on what the deceased person experienced before they died, including the pain and suffering they went through and any lost wages or medical costs between the time of injury and death.

Not every wrongful death case includes a survival action, and Virginia law has specific rules about when one can be brought. An attorney can help you figure out whether both claims apply in your situation and how they work together.

Schedule a Free Consultation With Our Fairfax, VA Wrongful Death Attorneys

Your family deserves answers and accountability, and you should not have to navigate this process alone. The Fairfax wrongful death lawyers at Robinson Law, PLLC bring more than 50 years of legal experience to cases like yours and handle wrongful death claims on a contingency fee basis. That means you pay nothing unless your case results in a recovery. Call 703-844-3746 to schedule a free consultation. We are available 24 hours a day, seven days a week.

Hablamos español.