Losing a loved one due to another person’s negligence is a pain no family should ever have to face. While nothing can can change what happened, Virginia law gives surviving families the right to pursue a wrongful death claim to help with financial losses.
After a tragic and unexpected death, families are left grieving while simultaneously facing mounting medical bills, funeral expenses, and the sudden loss of income that your loved one provided. Add the complexities of the legal process on top of all of that, and it can feel overwhelming at the worst possible time in your life.
That is why having an experienced wrongful death attorney by your side matters so much. For nearly 40 years, Richard J. Serpe has fought for families who have been serious injured or lost a loved one due to the negligence of someone else.
Whether the incident happened in Virginia Beach, Norfolk, Chesapeake, Suffolk, Hampton, Newport News, Portsmouth, Smithfield, on the Eastern Shore, or anywhere across Hampton Roads, our attorneys are ready to help your family pursue the justice and financial recovery you deserve.
We offer free consultations, and you pay no legal fees unless we win your case.
Types of Wrongful Death Cases We Handle
Virginia’s wrongful death statute allows a claim to be brought when a person’s death is caused by the wrongful act or negligence of another party. Our firm handles a broad range of fatal accident and negligence cases, including:
- Fatal Car & Truck Accidents
- Motorcycle Accident Deaths
- Pedestrian & Bicycle Fatalities
- Drunk or Reckless Driver Fatalities
- Fatal Dog Attacks
- Carbon Monoxide Deaths
- Maritime & Boating Fatalities
- Property Hazard Deaths
If you are uncertain whether your family’s situation qualifies as a wrongful death claim under Virginia law, we encourage you to contact us for a free, no-obligation consultation. We will evaluate the facts and determine if we are able to help.
Why Hampton Roads Families Choose the Serpe Firm
Choosing a wrongful death attorney is one of the most consequential decisions your family will make after a tragedy. You need a lawyer with the experience to take on powerful insurance companies and corporations, the compassion to treat your family with dignity throughout the process, and the resources to build a good case.
Richard J. Serpe has spent nearly four decades representing families in wrongful death and serious personal injury cases. Recognized repeatedly (for over 20 years) by Best Lawyers in America and Super Lawyers, he is known for meticulous case preparation and tenacious advocacy when insurance companies refuse to offer fair treatment. His track record in catastrophic and wrongful death cases speaks for itself.
Working alongside him is attorney Ashley E. Strandjord who brings a detailed, client-centered approach to every case she handles. Known for meticulous case development, courtroom readiness, and compassionate communication, she ensures that families understand every step of the process and that the legal strategy is tailored to their specific circumstances.
Our Norfolk-based firm is intentionally selective about the cases we accept. This means your family receives dedicated attention, not a case number in a high-volume pipeline. This allows us to dedicate substantial time, resources, and personal attention to every client we represent.
At The Serpe Firm, you’ll receive:
- Attorneys with decades of knowledge and experience
- Personalized attention & responsive communication
- Thorough case preparation to maximize recovery
- No legal fee unless we recover compensation for your family
Our legal team brings the experience and advocacy you deserve during this difficult time.
What to Expect When You Contact Our Law Firm
We know reaching out to an attorney after the death of a loved one is not easy. Our process is designed to be as clear and low-pressure as possible.
- Free Consultation: We listen to what happened, ask questions to understand the full picture, and determine if we are a good fit for your case. There is no obligation and no cost.
- Thorough Investigation and Evidence Preservation: Our team moves quickly to secure police and incident reports, autopsy records, witness accounts, surveillance footage when possible, and any other evidence critical to your case. Early action protects your case.
- We Handle All Insurance Communications: From the moment we take your case, we take over contact with insurance adjusters and defense counsel. You will not have to field low offers or pressure tactics alone.
- Damages Assessment: We work to understand and document every element of your family’s losses including financial, emotional, and long-term before negotiating so that nothing is overlooked or undervalued.
- Negotiation or Litigation: We pursue a fair resolution through negotiation. If the responsible party or their insurer refuses to treat your family fairly, we may need to take the case to trial.
What Should You Do Right Now?
If you have lost a family member due to another party’s negligence, the steps you take in the days and weeks following are important. At the very least, reach out to a experienced wrongful death attorney as soon as possible to fully understand your rights. The earlier an attorney is involved, the better protected your family’s claim will be.
Understanding Virginia’s Wrongful Death Laws
Virginia’s Wrongful Death Act governs how these claims are filed and who may recover compensation. Unlike personal injury cases, a wrongful death lawsuit is brought on behalf of the deceased’s estate and surviving family members. The claim is typically filed by the personal representative of the estate.
Who Can File a Wrongful Death Claim in Virginia?
Virginia law determines who has the right to file a wrongful death claim and who may receive compensation. In most cases, that includes the surviving spouse, children, parents, and siblings of the deceased.
What Kind of Financial Recovery is Possible?
Virginia’s wrongful death statute allows recovery for a range of losses, which may include medical and hospital expenses incurred prior to death, reasonable funeral and burial costs, lost income and financial contributions the deceased would have provided, loss of care, comfort, companionship, and guidance, sorrow, mental anguish, and solace suffered by surviving family members.
The full value of a wrongful death claim depends on the circumstances of the death, the financial contribution and age of the deceased, the strength of liability evidence, and the available insurance of the responsible party. We work diligently to identify every avenue of recovery.
Virginia’s Wrongful Death Filing Deadline
In most Virginia wrongful death cases, the personal representative has two years from the date of death to file a lawsuit. Missing this deadline can permanently bar your family from recovering any compensation.
The sooner you act, the stronger your case will be. Evidence can disappear, witnesses’ memories fade, and critical details become harder to establish with time.
Frequently Asked Questions About Wrongful Death Claims in Virginia
Who has the right to file a wrongful death lawsuit in Virginia?
Who has the right to file a wrongful death lawsuit in Virginia?Under Virginia law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the executor named in the will, or an administrator appointed by the court. The personal representative acts on behalf of the estate and the eligible surviving family members, which Virginia law defines as the surviving spouse, children, grandchildren, parents, siblings, and any other relatives who were financially dependent on the deceased.
What is the statute of limitations for a wrongful death case in Virginia?
In most cases, the personal representative has two years from the date of the loved one’s death to file a wrongful death lawsuit in Virginia. If this deadline is missed, the court will typically dismiss the case and the family will lose the right to recover compensation. Certain circumstances can affect this timeline, which is why contacting an attorney promptly is so important.
How is a wrongful death settlement divided among family members?
Virginia law sets out a priority system for distributing wrongful death proceeds. The surviving spouse and children are typically the primary beneficiaries. If there is no spouse or children, recovery goes to other family members as defined by the statute. In some cases, the distribution can be agreed upon by the beneficiaries; in others, the court may need to approve the allocation.
Speak With Our Hampton Roads Wrongful Death Attorneys
Your family does not have to navigate this process alone. The Law Offices of Richard J. Serpe, PC is ready to listen, evaluate your case, and fight for the settlement your family deserves.
Your consultation is free, and you pay no legal fees unless we win.
Call 757-233-0009, use our chat, or email us to schedule your free case evaluation.
