The sudden loss of a loved one is never something you’re prepared for, especially when their death was due to an accident or another preventable tragedy. While no amount of money can ever make up for the loss of someone close to you, compensation through a wrongful death lawsuit can give you closure and help support those who are left behind.
A knowledgeable wrongful death attorney in Virginia can help you file a wrongful death claim on behalf of your loved one. But time limits restrict how long you have to file a wrongful death lawsuit. This deadline is called the Virginia wrongful death statute of limitations.
Virginia Code § 8.01-244 gives individuals two years from the date of a family member’s death to take legal action. Attempting to file a wrongful death lawsuit after the clock runs out means they will likely lose their right to compensation, with limited exceptions.
The dedicated attorneys at Marks & Harrison can help you determine how the statute of limitations applies to your case in a private and free consultation. Call or contact us when you’re ready to learn your legal options.
Are There Exceptions to the Statute of Limitations?
Many exceptions may apply to the statute of limitations for personal injury cases, but not with wrongful death claims. While injury victims may heal, learn, and move on with time, the wrongful death of a relative leaves a gap in a family’s life forever.
However, there are rare circumstances where the time limit may be extended. One scenario is if the rules of discovery apply to the case. If an eligible survivor does not learn of their loved one’s death immediately, the clock won’t start running until they discovered or reasonably could have discovered it.
Another exception may be allowed if a survivor is a minor child at the time of a parent’s death. In those cases, children typically have two years from their 18th birthday to sue for wrongful death.
What Happens if I Miss the Deadline?
The state’s statute of limitations on wrongful death claims exists for a reason. Imposing strict time limits on the ability to take legal actions prevents potential defendants (the responsible parties) from fearing legal action for the rest of their lives. These time limits also ensure that court systems aren’t bogged down with overwhelming caseloads and that cases are brought while evidence and witness accounts are fresh.
The downside of the statute of limitations is that you may be out of luck if you do not file your wrongful death suit within the two-year limitations period. If you attempt to file anyway, your claim will likely be barred. If you cannot file your lawsuit in court, you will no longer have the right to demand fair compensation for your loss.
The statute of limitations does not apply to insurance claims, but you will have little negotiating leverage during settlement talks if you can no longer threaten to sue. This is one reason it’s essential to work with an experienced Virginia wrongful death attorney.
Who Can Sue for Wrongful Death in Virginia?
In many states, surviving family members can file wrongful death lawsuits themselves. But in Virginia, the personal representative of the deceased’s estate is the only party with authority to do so. The sole exception applies to cases involving the wrongful death of a fetus, where the mother can file a wrongful death lawsuit.
The personal representative of an estate is often the executor, or an individual appointed by the deceased to administer their will. However, if the personal representative cannot or will not fulfill their duties, or the deceased did not leave behind a valid will, the court may appoint an individual as a personal representative.
Although only the personal representative may file a wrongful death lawsuit, any money they recover goes to statutory beneficiaries of the deceased, who may include:
- Spouses
- Children
- Grandchildren
- Parents
- Siblings
- Other next of kin
How are Wrongful Death Settlements Paid in Virginia?
A wrongful death settlement will typically be distributed in one of two ways: lump-sum settlements or structured settlements.
In a lump-sum settlement, the defendant or their insurance provider pays survivors the total amount owed in one payment. The primary benefit of a lump sum is that beneficiaries do not have to wait to pay off bills or debts they accrued over time. This can decrease interest payments and eliminate issues that arise due to nonpayment.
However, lump-sum settlements also have their drawbacks. Beneficiaries who receive large sums of windfall cash sometimes have trouble managing or spending the money wisely, which can lead to unexpected financial difficulties.
In a structured settlement, the defendant pays beneficiaries over time in smaller installments. These installments are commonly made monthly, though parties can agree to a different arrangement. Defendants who lack the financial means to pay lump sums often seek structured settlement arrangements.
The key benefit of a structured settlement is that beneficiaries receive regular payments over time. This can provide a reliable source of income and help beneficiaries avoid the consequences of financial mismanagement. However, the main drawback to this arrangement is that beneficiaries may not receive the money they need to pay down debts quickly, resulting in cash getting eaten away by interest charges.
Contact Our Experienced Wrongful Death Attorneys Today
If you lost someone close to you and another party is at fault, you have the right to demand answers and justice. The Virginia wrongful death lawyers at Marks & Harrison can help. Our compassionate attorneys have helped grieving families regain financial stability and closure for over a century. Contact us now for a free case review.
