Few experiences in life compare to the heartbreak of losing a family member unexpectedly. Grief can feel paralyzing, and when the death was caused by another’s careless or reckless actions, the sorrow is often mixed with anger and confusion. Families are left not only to mourn, but also to navigate overwhelming questions about finances, justice, and accountability.
At the Law Offices of Richard J. Serpe, PC, we understand these struggles. Our legal team has dedicated decades to helping Virginia families hold negligent parties responsible after preventable tragedies. Attorney Richard Serpe, honored by Best Lawyers in America since 2005 for his work in personal injury litigation, brings both legal skill and compassionate advocacy to every client he represents.
Understanding Wrongful Death in Virginia
The term “wrongful death” refers to a fatality caused by another person or entity’s wrongful act, negligence, or failure to act. Virginia’s wrongful death statute gives surviving family members the right to seek financial compensation for their losses through a civil lawsuit.
Unlike criminal cases—which may punish the wrongdoer with fines or imprisonment—civil wrongful death claims are designed to support the surviving family. These cases are filed by the personal representative of the deceased person’s estate.
Who Can File A Virginia Wrongful Death Claim?
Virginia law outlines a very specific order of priority for who may benefit from a wrongful death settlement or verdict. These statutory beneficiaries include:
- The surviving spouse and children of the deceased
- Parents, brothers, and sisters if there is no spouse or child
- Relatives who lived in the same household and depended on the deceased
- Family members who inherit under Virginia’s intestacy laws
This system ensures compensation goes to those most directly impacted by the loss. Because eligibility rules can be confusing, it’s critical to work with an attorney experienced in Virginia wrongful death law.
Compensation in a Virginia Wrongful Death Claim
A successful wrongful death case in Virginia can help ease the financial strain a family faces after a tragedy. Compensation may include:
- Medical expenses related to treatment before death
- Funeral and burial costs
- Lost future earnings and benefits the deceased would have provided
- Loss of services, care, and guidance within the household
- Sorrow, mental anguish, and loss of companionship for surviving loved ones
Each family’s losses are unique. Our firm works closely with financial experts, medical specialists, and life planners to calculate both current and future damages.
Virginia’s Wrongful Death Claim Deadlines
In most situations, a wrongful death lawsuit must be filed within two years of the date of death. This deadline, called the statute of limitations, is strict. Once it expires, the right to bring a claim is almost always lost.
There are also certain cases where different rules apply. The safest course of action is to consult a Virginia wrongful death lawyer as soon as possible after a tragedy. Quick action allows for preservation of evidence.
Common Causes of Wrongful Death in Virginia
Wrongful deaths can result from a wide variety of incidents. Cases our firm handles include:
- Car, truck, and motorcycle accidents
- Drunk and distracted driving crashes
- Pedestrian and bicycle fatalities
- Nursing home neglect or abuse
- Maritime and boating accidents
Each type of claim requires a tailored legal strategy. For instance, pursuing a case against a large trucking company is very different from holding a nursing home accountable. Richard Serpe’s decades of experience across these practice areas allow him to adapt strategies to meet each client’s needs.
Taking the Next Step
If your family has lost a loved one due to negligence, you don’t have to face the legal system alone. A wrongful death claim can provide financial stability during a painful time.
At the Law Offices of Richard J. Serpe, PC, we offer free consultations. We’ll listen to your story, explain your options, and help you decide the best way forward. Our firm handles wrongful death cases on a contingency fee basis which means you won’t owe us any legal fees unless we settle or win your case.
