Virginia wrongful death attorneys
Helping secure your future in time of loss
The unexpected death of a loved one is always difficult, but the pain and grief intensify when the loss was caused by someone else’s negligence or recklessness.
While no amount of money can bring your loved one back, a just wrongful death settlement or verdict can ease your anxiety about what the future holds for you and your family.
If you think you may have grounds for a Virginia wrongful death claim, please contact an experienced Virginia personal injury lawyer to discuss your case. Our team at GibsonSingleton Virginia Injury Attorneys is made up of compassionate, knowledgeable professionals. We offer a free consultation, during which we’ll sit down with you and answer all your questions about wrongful death claims.
If you choose us to represent you, we’ll stick by your side until the end. We consider it a calling to help you recover your losses and make sure your future expenses are paid too. Call (804) 413-6777 today for a free meeting. We know this is a terrible time for you, and we will do everything possible to make it easier, and get you the fastest, fairest resolution possible.
Who can be held liable for a wrongful death?
When a death is the direct or indirect outcome of another person or company’s negligence or misconduct, surviving family members have the right to sue for compensation from the responsible party. We see wrongful death lawsuits commonly resulting from the following:
- Car crashes
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Boating accidents
- Medical malpractice
- Construction and other workplace accidents
- Defective products
- Premises liability (swimming pool drownings, slip-and-falls, etc.)
- Farming accidents
In many of these cases, someone is clearly at fault. For example, drunk or drugged drivers frequently cause automobile accidents that lead to the death of others. Reckless and distracted drivers also cause injuries and death due to their carelessness. The victim’s family members deserve compensation in these cases.
Workplace accidents commonly result in death. This includes accidents that occur when an employee is driving. If an employer is forced to drive a vehicle with substandard safety features such as defective brakes, steering mechanisms, or traffic and safety lights, this constitutes a form of negligence that can get the employee or someone else killed.
Rideshare companies such as Uber and Lyft don’t screen their employees or monitor them for drugs and alcohol the way a taxi company does. This can have fatal consequences in many cases.
Factories, construction sites, and industrial farms are all places where hazardous conditions can contribute to the death of an employee. It’s the employer’s responsibility to make sure all equipment is functioning properly and employees are adequately trained to use it. If not, they can be held legally responsible if an employee dies.
Who can file a wrongful death claim in Virginia?
Different states have different laws about who can bring a wrongful death claim against the responsible party. In the Commonwealth of Virginia, a wrongful death claim has to be filed by the personal representative of the deceased’s estate. In order to have legal standing, a personal representative must be appointed by the appropriate circuit court in Virginia. Several laws determine who can be appointed as a representative in a wrongful death case. This person appointed may be a relative of the deceased or an attorney.
Spouses, children, grandchildren, parents, and siblings can all be beneficiaries of a wrongful death claim. Because only one person can file a wrongful death claim, communication among family members is important when deciding which course of action to follow.
What kind of compensation can I sue for?
Depending on the circumstances, you and your family can seek compensation for the following damages:
- Funeral and burial expenses
- Medical bills
- Loss of future income
- Loss of future benefits, such as medical benefits and retirement
- Loss of companionship, affection, guidance, comfort
- Loss of household services the deceased performed, such as bookkeeping, childcare, vehicle and property maintenance, etc.
In Virginia, a wrongful death claim must be filed within two years of the date of death in most cases.
How do I file a wrongful death claim?
The Virginia code defines a wrongful death as one that is “caused by the wrongful act, neglect, or default” of another party. This is a civil action pursued by the victim’s loved ones to get compensation, and not a criminal case. A criminal prosecution of the party involved could strengthen your claim, but it is not essential to have a criminal prosecution in order to seek a wrongful death claim. Due to the Virginia statute of limitations, a wrongful death suit must be filed within two years of the date of the victim’s death.
When you file a Virginia wrongful death claim through GibsonSingleton Virginia Injury Attorneys, you pay no retainer fees, upfront costs, or out-of-pocket expenses. If we take your case, our team will investigate the fatal accident to determine the other party’s liability. Then we will draft a complaint, file it in the appropriate court, and serve any person named as a defendant. After that, the discovery process will begin where each side gathers information, and we prepare for trial.
If the other side refuses to offer a reasonable settlement, At GibsonSingleton Virginia Injury Attorneys, we aren’t afraid to fight for you in court. We handle cases on a contingency basis. We only get paid if you get compensation.
What can I do about a wrongful death?
Wrongful death claims can be complex -- they’re likely the last thing you want to deal with while you’re grieving. Let our team at GibsonSingleton Virginia Injury Attorneys take care of your legal issues while you and your family heal. We handle many of these cases and know how to gather and present evidence to insurers and third parties to obtain the true value of your case, and to protect your financial future.
We at GibsonSingleton Virginia Injury Attorneys sincerely hope you never need our services for a wrongful death. But in the unfortunate event that you do, don’t hesitate to call us at (804) 593-0468. As former U.S. Marines, we will not hesitate to fight aggressively for your best interests.
Recent Wrongful Death Case Results
DISCLAIMER. Each case is handled based on the individual facts and circumstances of the case. These results are NOT indicative of the outcome of any potential case. All case results depend upon a variety of factors unique to each case, and these case results do not guarantee or predict a similar result in any future case undertaken by our firm.
- $600,000 Compensation - Man was killed in a drunk driving crash and wife sustained injuries in the accident.
- $500,000 Compensation - Woman was killed in a head-on accident with a drowsy driver.
- $275,000 Compensation - Woman was killed by another driver after exiting her car after an accident.
See more case results here.
Call our Eastern Virginia office today for a free consultation
at (804) 413-6777 or toll free (855) 781-6777.
It costs you nothing for our firm to represent you. We only get paid when you do. Learn more
Prevention, empathy, and diligence are hallmarks of everything we do at GibsonSingleton Virginia Injury Attorneys. Our community can see these ideals lived out in our work to prevent personal injuries from happening.
- Safety Education
GibsonSingleton launches “Texts=Wrecks” campaign to reduce the number of people injured or killed by distracted drivers.
- Annual Coat Drive
During the fall, our team works to distribute coats to people in need in our community.
- Hands-on Service
John and Ken join the Gloucester Point Rotary Club in cleaning up the community.
- Supporting Local Schools
The Gibson family participates in Gloucester’s Botetourt Elementary Shuffle fundraiser.