Virginia Wrongful Death Laws
By Olivia Wathne, Esq. | Legally reviewed by Olivia Wathne, Esq. | Last reviewed July 16, 2024
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As the home of some of America's greatest living history monuments, Virginia's landscape has poignant memorials marking the tragic deaths of loved ones, from Arlington National Cemetery to its countless Civil War battlefields.
Losing a loved one to war or any other number of preventable situations is never easy. But, in those situations, states like Virginia have a legal process to help loved ones pick up the pieces. Below is a general overview of Virginia's wrongful death laws and where to go if you have a wrongful death suit.
Who Can File a Suit?
As with other states, the Virginia wrongful death statute restricts who is eligible to file a lawsuit after a loved one dies. In most cases, the plaintiff must be the personal representative of the deceased person's estate, usually the executor or administrator. The difference between the two often depends on whether the decedent created an estate plan before their death. If so, the decedent would have named an executor to manage the estate. If not, the court could appoint an administrator to fill that role.
Under the Virginia wrongful death statute, surviving family members, such as a surviving spouse, children, or parents, may also be beneficiaries of the wrongful death damages. These damages can arise from various circumstances, including personal injury cases like car accidents or medical malpractice. The statute ensures that those dependent on or close to the decedent are provided for, recognizing the significant loss and suffering they endure.
Condolences vs. Admissions of Guilt
In Virginia, the law states that expressions of sympathy or condolences by health care providers or other possible tortfeasors are not admissible evidence in court. But, the law distinguishes such statements from those that constitute fault admissions. So, the statement "I'm sorry for your loss," a common expression of sympathy after one's death, would not be admissible. But, the statement, "I'm sorry for causing your loss," would find its way into court.
Virginia Wrongful Death Laws at a Glance
You can learn more about specific Virginia laws on wrongful death by consulting the chart below.
| Statutes |
|
|
|---|---|---|
| Who may bring an action? | Wrongful death actions must get filed in the name of the personal representative of the deceased person, except in cases of fetal death. Fetal death actions can come from the natural mother or from her personal representative (if she also died). |
|
| What kinds of damages are recoverable? | A plaintiff is entitled to recover fair and just damages, which can include:
|
Punitive damages for willful, wanton, or reckless conduct |
| Statute of limitations | A plaintiff must file a suit within two years of a person's death. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Virginia Wrongful Death Laws: Related Resources
Have Specific Questions About Virginia Wrongful Death Laws? Talk to a Lawyer
Losing a loved one is always a painful experience, but it's even more so when the death could have been prevented. Wrongful death cases are tragic, but they're one way to help you get your life back together and to prevent the same fate for others in the future. Contact a personal injury attorney in Virginia who can help you sort through the facts and determine your next steps.
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