What is a wrongful death?

Wrongful death is a legal term that refers to a situation in which someone’s death is caused by the negligent, reckless, intentional, or wrongful actions of another person or entity. In a wrongful death claim or lawsuit, the surviving family members or beneficiaries of the deceased person may seek compensation for the loss they have suffered as a result of the death. Wrongful death cases can arise from various circumstances, such as car accidents, medical malpractice, or a product defect.

To establish a wrongful death claim, it is typically necessary to demonstrate that the responsible party had a duty of care toward the deceased, breached that duty, and that this breach directly led to the death. The specific laws and procedures governing wrongful death claims vary by jurisdiction, so it’s essential to consult with an attorney who specializes in this area of law to understand the specific requirements in your location.

Statute of Limitations

Under Virginia law, it is necessary to file a lawsuit within strict deadlines imposed by law. In many cases, Virginia provides for a two-year deadline also known as a Statute of Limitations. However, special circumstances apply depending on the location of death, the occupation of the decedent, and the application of special state and federal laws. Once you have missed this deadline, you will no longer be able to file a claim.

Virginia Wrongful Death Attorneys

The Law Offices of Richard J. Serpe, PC is here to help you and your family. If you’ve lost a loved one due to someone else’s negligence, contact us to discuss your legal options. Free consultations 757-233-0009.