Quick Answer: In Virginia, wrongful death lawsuits are governed by specific statutes that strictly define who may bring a claim following a fatal car accident. Understanding these rules is critical, as Virginia law does not allow just anyone to file these types of lawsuits.
Virginia’s Wrongful Death Statute
Virginia Code § 8.01-50 establishes the framework for wrongful death claims in the Commonwealth. Unlike personal injury claims where the injured person files the claim or lawsuit, Virginia wrongful death claims must be brought by the personal representative (also called an executor or administrator) of the deceased person’s estate.
Who Has the Right to Compensation?
One of the most important, and often confusing, aspects of Virginia wrongful death law is understanding the difference between who can file the lawsuit and who actually receives the money.
The personal representative is the only person legally authorized to file the wrongful death lawsuit. This person acts as the legal agent for the estate and brings the case to court. The personal representative files the lawsuit in their official capacity representing the estate, not in their personal capacity.
The beneficiaries are the family members who actually receive the damages recovered in the lawsuit. These are the people who have suffered losses due to the death such as loss of companionship, financial support, guidance, and more. Beneficiaries are determined by priority—spouse/children first, then parents/siblings, etc.
Because of nuances it is highly recommended that you contact an attorney who understands Virginia’s wrongful death statute to discuss your situation.
Distribution of Virginia Wrongful Death Settlements
Any damages recovered in a Virginia wrongful death case are distributed according to the statute. The jury or court determines how damages should be allocated among the eligible beneficiaries based on factors such as:
- The nature of the relationship
- The degree of dependency
- The extent of loss suffered by each beneficiary
The jury’s distribution decision is based on the evidence presented about each beneficiary’s relationship with the deceased and their individual losses.
For instance, a stay-at-home spouse who depended entirely on the deceased’s income would likely receive a larger share than an adult child who was financially independent.
Similarly, young children who lost a parent during formative years may receive larger shares than adult children who had already received most of their parent’s care.
If beneficiaries agree on distribution in a settlement, the court will review and typically approve their agreement; if they cannot agree, the court holds a hearing to determine fair allocation based on evidence presented about each person’s relationship and losses.
Why You Need an Experienced Virginia Wrongful Death Attorney
Virginia’s wrongful death statute is complex, and the legal procedures for appointing a personal representative and pursuing a claim require careful navigation.
If your family has lost a loved one in a car accident in Hampton Roads or anywhere in Virginia, it’s essential to consult with an experienced wrongful death attorney who can:
- Help identify and appoint the appropriate personal representative
- Determine all eligible beneficiaries
- Ensure the claim is filed within the statute of limitations
- Maximize recovery for your family
Attorney Richard Serpe has nearly 40 years of experience in helping victims and families of car accident injuries and death. We offer free, no obligation consultations. Contact us at 757-233-0009, fill out our chat form, and email us to discuss your legal rights.
