If your loved one was tragically killed due to someone else’s negligence in Fairfax, you need a wrongful death lawyer to help you pick up the pieces. At Marks & Harrison, your attorney will guide you through the legal process while you grieve your loss.
We cannot replace your loved one by filing a wrongful death lawsuit. But we will do everything we can to secure your family’s financial future by pursuing the compensation you need. We offer free case consultations, so you do not have to worry about any out-of-pocket costs to talk to an experienced Fairfax wrongful death lawyer. Call us today to get started.
What Is a Wrongful Death?
A wrongful death is a death that was caused by someone else’s negligence, default, or wrongful act. A wrongful death lawsuit is one the victim could have filed as a personal injury case had they survived. Because Virginia’s wrongful death laws are complex, having a wrongful death lawyer on your side from the start will help put your mind at ease – especially when you’re already dealing with the aftermath of an unexpected, tragic loss.
What Are Some of the Common Causes of a Wrongful Death in Fairfax?
Some common causes of wrongful death in Fairfax include:
- Motor vehicle accidents – Serious injuries too often occur from motor vehicle collisions. Whether they involve a car, motorcycle, or commercial truck, these crashes can leave their victims with devastating injuries. If a fatal accident occurs, a wrongful death claim may be warranted.
- Construction accidents – While a workplace accident can trigger a workers’ comp claim, a fatal injury on a construction site could also lead to a wrongful death claim.
- Medical malpractice – Common medical malpractice cases stem from misdiagnoses, missed diagnoses, and surgical errors. You can pursue a wrongful death claim if your loved one died due to a medical provider’s negligence or error.
- Defective products – Whether because of a manufacturing or design defect, faulty products can be deadly. The victim’s family members may have grounds to bring a wrongful death claim for their losses.
- Homicides – Although the local prosecutor may file a criminal case, a homicide victim’s family can also file a wrongful death claim in civil court to recover compensation.
What Is a Wrongful Death Action?
A cause of action for wrongful death arises when someone is killed due to someone else’s negligent or intentional acts. If your loved one was killed due to a car accident, defective product, or healthcare provider error, you may be eligible to file a wrongful death suit.
In a wrongful death action, your attorney will file suit to recover financial losses and expenses related to your loved one’s death. These losses include medical treatment for the accident that resulted in their death and the loss of their future income. Intangible losses, such as loss of services and companionship, are also recoverable in a wrongful death action.
Since every case is unique, you need a Fairfax wrongful death lawyer to determine what compensation you may seek in your lawsuit. Factors such as the nature of your relationship with the victim, the circumstances of their death, and their earning capacity at the time of their death will affect the amount of money you may recover.
Who Can File a Fairfax Wrongful Death Claim?
Under Virginia Code § 8.01-50, the victim’s personal representative is the only person who can file a wrongful death claim in Virginia.
The victim’s surviving family who may recover compensation through the claim include their:
- Spouse
- Children
- Parents
- Siblings
- Any other relative who was a member of the same household and dependent on the victim
When there are no surviving family members, whoever would inherit the victim’s estate under Virginia’s intestacy laws may receive the compensation.
What Damages Could Be Available in a Wrongful Death Claim?
Each case is different, so the extent of compensation you can pursue in a wrongful death claim differs. Your attorney will advise you on the type and amount of financial compensation that you could be owed in your wrongful death case. According to Virginia Code § 8.01-52, you may be entitled to recover compensation for:
- Medical expenses incurred by the victim before their death, including ambulance fees, hospital expenses, surgical expenses, doctor visits, prescriptions, and assistive devices
- Funeral and burial expenses
- Loss of expected income for the victim’s lifetime
- Loss of services and consortium, including guidance, comfort, and advice from the victim for family members left behind
- Punitive damages
If your case goes to trial, your attorney may claim punitive damages if your loved one died due to someone’s willful, wanton, or reckless conduct. The purpose of punitive damages is to punish the responsible party for this conduct due to their blatant disregard for someone else’s safety, not to compensate the victim’s beneficiaries. Although a jury can award punitive damages, the amount is capped by Virginia law.
Any wrongful death case proceeds will be distributed to beneficiaries in a particular order set by Virginia Code § 8.01-53. The statutory beneficiaries are dependents or family members of the victim. Specifically, the award goes first to the surviving spouse or children (or grandchildren if one of the children is deceased). If there is no surviving spouse, child, or grandchild, the victim’s parents, siblings, or dependent relatives may benefit. If none of these parties exist, anyone eligible to inherit from the victim’s estate may receive the money.
The intricacies of these laws demonstrate how crucial having an experienced Fairfax wrongful death lawyer is to achieve the best result in your case.
Is There a Cap on Damages in a Wrongful Death Lawsuit in Virginia?
In Virginia, the victim’s family members may receive fair and just compensation. There is no cap on the amount of money the family can receive, except for punitive damages and in cases of wrongful death due to medical malpractice resulting from negligence.
Virginia Code § 8.01-38.1 dictates that the total amount awarded for punitive damages shall never exceed $350,000. Virginia Code § 8.01-581.15 sets the maximum awards for medical malpractice claims in Virginia. This cap changes each year but is currently set at $2.60 million.
Is There a Difference Between a Survival Action and a Wrongful Death Claim in Virginia?
There is a difference between survival actions and wrongful death claims. Under Virginia Code § 8.01-25, survival action can apply when the victim did or would have been able to file a personal injury lawsuit for the losses they suffered before their death. Once the injured person dies, the case can be converted to or filed as a “survival action.” The cause of action survives the death of the injured person. On the other hand, a wrongful death action can only be filed after a person dies due to the negligence or wrongdoing of another.
The losses sought in a survival action also differ from those available in a wrongful death suit. In a wrongful death claim, the compensation focuses more on the surviving family’s losses.
With a survival action, recovery is limited to the victim’s losses and can include:
- Medical expenses related to the accident
- Lost wages
- Pain and suffering
- Mental anguish the victim endured before their death
What Is Virginia’s Statute of Limitations for a Wrongful Death Lawsuit?
Under Virginia Code § 8.01-244, a wrongful death lawsuit must be brought within two years after the death. Failure to file your lawsuit within this timeframe may prevent you from seeking money in court.
It is important to contact a Fairfax wrongful death attorney as soon as possible after the death of your loved one. Your attorney will keep track of this and other deadlines to ensure the lawsuit is filed on time. Because failing to file the lawsuit within this timeframe may keep you from recovering your losses, retaining an attorney is crucial to protect your legal rights. Contact our Fairfax personal injury attorney today.
Contact a Fairfax Wrongful Death Lawyer
At Marks & Harrison, we understand how difficult it can be to navigate the legal process while you grieve the loss of your loved one. You do not have to do it alone. If you retain us, you will receive the same compassionate, personalized legal services our clients have come to expect.
Let us handle all the aspects of your wrongful death claim as you cope with an unexpected loss. Contact us today to speak to a Fairfax wrongful death lawyer.
