Who Can File a Wrongful Death Claim in Virginia?

 Posted on April 29, 2025 in Personal Injury

Wrongful deaths are among the most devastating personal injury claims. Families are often left with the financial consequences of an already mentally and emotionally horrific incident. In Virginia, like many other states, surviving family members have an avenue to monetary compensation when they lose a loved one due to someone else’s negligence. The laws specify who is eligible to file a claim and what damages they can recover. If you have questions about your ability to file a wrongful death claim, a Fairfax, VA wrongful death attorney can help.

Who Is Eligible To File a Wrongful Death Claim Under Virginia Law?

Virginia, the deceased person’s personal representative, meaning the executor of their estate, must file a wrongful death claim with one exception. Under § 8.01-50 of the Code of Virginia, there is an exception for mothers who lose fetuses due to the recklessness of another person.

While the executor of the deceased person’s estate has to file the claim, any awarded damages will be distributed to certain beneficiaries. These may include the deceased’s spouse and children. If the deceased has no surviving spouse or children, the grandchildren are next in line. In the absence of a spouse, child, or grandchild to inherit, the parents or siblings of the deceased would be next before any dependent relatives. Finally, if none of these parties survives the deceased, Virginia law states that any surviving family would inherit the damages.

What Constitutes a Wrongful Death in Virginia?

In Virginia, a "wrongful death" is any death where the circumstances that led to it would have warranted a personal injury claim if the victim had survived. For example, a car accident caused by a negligent driver that killed someone would give rise to a wrongful death claim. Medical malpractice could also result in a wrongful death. In some cases, the defendant may face criminal and civil charges, such as with a criminal assault that led to a victim’s death.

What Damages Can You Recover for a Wrongful Death?

Recoverable damages will vary from case to case based on the circumstances leading up to the victim’s death and the financial burden incurred after the incident. However, some common compensatory damages awarded for wrongful death claims include:

• The cost of medical treatment related to the victim’s final injury or illness

• Funeral and burial expenses

• The wages and benefits that the victim would have earned if they had lived

• The pain and mental anguish that the family of the deceased suffered

• The loss of guidance, companionship, advice, and society that the victim offered

Under certain circumstances, the court may award punitive damages as well. These do not compensate for any financial or emotional loss. Instead, they punish the defendant for actions that would constitute gross negligence or malicious intention.

Contact Fairfax, VA Wrongful Death Attorneys for a Free Consultation

At Robinson Law, PLLC, we understand the emotional trauma that accompanies wrongful death cases. Financial compensation cannot replace what is lost in these cases, but it can alleviate some of the heavy monetary burdens associated with wrongful death. If you have questions about your right to file a claim and what compensation you could receive, our Fairfax wrongful death lawyers can offer guidance. Call 703-844-3746 today for a free consultation. We are available 24 hours a day, seven days a week.