Can I sue the driver that killed my family member?

Wrongful Death Lawyer Richard SerpeQ: If a family member died from an auto accident, what kind of claims can family members make against the driver of the car that caused the death?

A: This is called a wrongful death claim and can be brought by the personal representative of the estate, usually a family member.  The claim can be made against the driver and owner of the car that caused the accident.  If the at fault driver did not have insurance, an Uninsured Motorist Claim can be filed if this coverage exists.

Family members of the decedent can sue for the loss of companionship, loss of services, loss of income, and other losses on their behalf.  Typically, the settlement is shared by members of the family and the amount of each share is either agreed upon by the family members or decided by the judge.

Experienced Virginia Wrongful Death Attorneys

Virginia has a strict legal system and requirements for bringing wrongful death cases. These cases must be brought by a properly qualified personal representative of the estate. Inexperienced lawyers, who fail to understand these requirements, can permanently destroy your rights.

Virginia also strictly construes the individuals who can recover for a wrongful death, otherwise known as the “statutory beneficiaries.” Inexperienced lawyers, who do not understand wrongful death law and procedures, frequently fail to gather all recoverable evidence of damage. Or worse, they fail to compensate the true beneficiary under Virginia law. The Virginia wrongful death lawyers at our firm combine experience with hard investigative research to help win your case.