Wrongful Death Attorney in Alexandria

Sad couple over the loss of their parents due to accident.

Though no amount of money can make up for the death of someone you love, the law does provide a legal route toward justice and accountability when the loss is caused by someone else’s wrongful actions. In cases where a wrongful death leaves surviving family members facing financial hardship, compensation awarded through a legal claim can also significantly ease their burden.

At Marks & Harrison, our legal team is standing by to help you seek the justice, accountability, and financial relief you are entitled to after losing a family member in a wrongful death. Since 1911, we have advocated for the rights of wrongful death victims and their families throughout Virginia. Our wrongful death lawyers are ready to put over a century of experience to work for you. Call us today to schedule a free consultation with a knowledgeable and compassionate wrongful death attorney in Alexandria.

How Is Wrongful Death Defined in Virginia?

In Virginia, wrongful death is defined by statute as a death caused by “the wrongful act, neglect, or default of any person or corporation” that would “have entitled the party injured to maintain an action” if they had not been killed. No matter the circumstances of your loss, our skilled legal team is ready to evaluate your case and make sure you are fully informed about your legal rights and options. We have decades of experience handling a wide variety of cases involving wrongful death, including:

How Do You Prove Liability in an Alexandria Wrongful Death Claim?

A wrongful death lawsuit may be based on many legal theories of liability, including things like negligence, malpractice, and product liability. In all cases, however, plaintiffs must show by a preponderance of the evidence that the defendant’s actions caused their loved one’s death. In other words, they must show that the defendant was at least more likely than not responsible. Contact our Alexandria wrongful death lawyer today for a case review and advice.

The evidence needed to satisfy this standard will vary depending on the circumstances. That said, relevant evidence in wrongful death cases often includes things like:

  • Death certificates
  • Police accident reports
  • Photographs and videos of the scene
  • Video footage from surveillance cameras
  • Medical treatment records
  • Statements from reliable witnesses to the accident
  • Testimony from doctors, police officers, forensic pathologists, and other experts

Who Has Legal Authority to File a Wrongful Death Claim in Virginia?

Many states allow certain family members to file a wrongful death lawsuit seeking compensation for the loss of a loved one. However, in Virginia, only the personal representative of the decedent’s estate may file a wrongful death claim. A very narrow exception exists for mothers who want to file a lawsuit seeking compensation for the loss of their unborn child.

A personal representative may be appointed by the decedent in their last will and testament, in which case they are sometimes known as an “executor.” But if the decedent did not create a valid will before dying, the personal representative will instead be appointed by a court, in which case they are sometimes known as an “administrator.”

What Compensation Is Available Through a Wrongful Death Claim?

If liability is successfully shown, the presiding court can order a wrongful death defendant to pay a wide variety of compensation to the decedent’s estate. The governing statute in Virginia explains that compensation “shall include, but may not be limited to” damages for the following:

  • Sorrow, mental anguish, and solace.
  • Society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
  • Compensation for the reasonably expected loss of income of the decedent, as well as services, protection, care, and assistance provided by the decedent.
  • Expenses for the care, treatment, and hospitalization of the decedent associated with their fatal injuries.
  • Reasonable funeral and burial expenses.
  • Punitive damages in cases involving “willful or wanton” conduct, as well as reckless conduct demonstrating a “conscious disregard for the safety of others.”

How Are Proceeds Distributed in a Virginia Wrongful Death Case?

Though a wrongful death claim must be filed by the decedent’s personal representative, the proceeds awarded are distributed to the decedent’s statutory beneficiaries. In order of priority, they are as follows:

  • Surviving spouse and children.
  • Surviving spouse and grandchildren if the decedent’s children are also deceased.
  • If there is no surviving spouse, children, or grandchildren, then surviving parents, siblings, and “any other relative who is primarily dependent on the decedent for support . . . and is also a member of the same household.”

If none of these apply, proceeds awarded in a wrongful death lawsuit are distributed according to Virginia’s laws of intestate succession. Working out the details of how proceeds should be distributed can be complex. In many cases, it can also lead to conflict among surviving family members. The best way to make sure distribution is carried out appropriately is by working with an experienced wrongful death attorney.

What Is the Statute of Limitations in Virginia for a Wrongful Death Claim?

The personal representative of the decedent’s estate normally has two years from the date of wrongful death to file a lawsuit against the responsible party. This deadline is strictly enforced, and judges are almost always forced to dismiss late filings. Though there are some potential exceptions to this rule, they are very narrow.

In addition to destroying your right to seek compensation in court, a dismissal will also destroy your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers. Without the threat of a lawsuit, they will have little incentive to negotiate fairly. Therefore, it is best to speak to an attorney early on, even if you think an exception may apply.

Contact an Alexandria Wrongful Death Lawyer Today

At Marks & Harrison, we understand how devastating the loss of a loved one can be to surviving friends and family. We also understand that no amount of money can ever make up for this kind of loss. That said, when caused by someone else’s actions, our compassionate wrongful death lawyers are ready to help you hold the responsible party accountable for their actions. Contact us today to schedule a free consultation with a knowledgeable wrongful death lawyer in Alexandria.