Virginia Wrongful Death Attorneys Demanding Justice

Recover a High-Dollar Settlement To Help Your Family Move Forward

No one should have to say goodbye to a loved one before their time, but the pain of that loss is amplified when their death is the result of someone else’s actions or negligence. If you lost a loved one, it might seem hard to find the drive to fight back against those who wronged you. When you have the wrongful death attorneys of Breit Biniazan on your side, we’ll do the fighting for you. 

Our lawyers can’t fill the hole left by your loss—no one can—but we can demand that those responsible pay for their mistakes. Doing so prevents them from causing the same pain to another innocent family, and the settlement you receive will ease the financial burden of your loss. Let our Virginia Beach and Richmond wrongful death attorneys do what’s right and defend your case. 

Contents

Call 855-212-8200 for a free and confidential case evaluation with one of our wrongful death attorneys.

What is wrongful death?

A wrongful death occurs as a direct or indirect result of negligence or wrongful action. Not all accidental deaths are necessarily wrongful deaths. 

In order to be considered a wrongful death, you must prove: 

  • Negligence: The defendant’s carelessness, recklessness, or negligent actions led to the death. 
  • Breach of duty: The defendant owed some duty—for example, driving safely—to the victim. 
  • Causation: The defendant’s negligent actions directly impacted the victim’s death. 
  • Damages: The death led to costs, such as funeral or medical costs. 

In Virginia, wrongful death cases are separate from all other criminal proceedings. Wrongful death cases are pursued in order to provide surviving family members with compensation for their suffering—both economic and emotional—following the loss of their loved one. These cases are also intended to hold negligent parties responsible and prevent them from inflicting this same pain on other families. 

Common Causes of Wrongful Death

Innocent lives are lost to wrongful death in Virginia every day. Some common accidents that lead to wrongful death include:

These are all preventable, and therefore negligent, accidents. Those who are left to pick up the pieces should demand justice.

Statute of Limitations for Wrongful Death Cases in Virginia

The statute of limitations refers to the amount of time a plaintiff has to file a claim after the accident. In Virginia, victims have up to two years after the death of their loved one to file a wrongful death lawsuit. 

Gathering the evidence to prove your wrongful death case takes time, so we recommend contacting an experienced wrongful death attorney as soon as possible. 

Types of Damages You Can Receive After a Wrongful Death in Virginia

In Virginia, the surviving family members are entitled to damages after the wrongful death of a loved one. Those damages are based on the costs the death of their family member incurred. 

Other factors that may influence the amount of damages include the age of the deceased, their lost income potential, and the age of surviving family members. 

Some of the damages that family members may be able to receive include:

  • Funeral expenses 
  • Medical expenses for care, hospitalization, or treatment from the date of the injury to the date of their death
  • Pain and suffering, including mental anguish, loss of guidance or comfort, loss of companionship, loss of advice, and sorrow
  • Expected loss of income, services, care, assistance, and protection
  • Punitive damages (in the case of willful or wanton conduct)

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, wrongful death lawsuits can only be filed by the administrator of the estate. The administrator of the estate is the person assigned to manage the decedent’s assets after their death, either by their will or the court. 

While only the administrator can file the suit, “statutory beneficiaries” of the estate can recover damages from the settlement. Statutory beneficiaries who can receive proceeds from a wrongful death claim in Virginia include:

  • The spouse of the deceased
  • The child or grandchild of the deceased
  • A parent or sibling who were dependent on the deceased
  • A surviving relative who shared the deceased’s household and was a dependent of the deceased
  • A surviving heir or beneficiary of the deceased’s estate

Statutory Beneficiaries in Virginia

Virginia uses a “tiered list” to assign statutory beneficiaries depending on their age, marital status, and other factors. If available, the first tier receives benefits before the second tier. 

First Tier Beneficiaries 

  • Surviving spouse
  • Children
  • Grandchildren
  • Parents (if the decedent provided them with financial support)

Second Tier Beneficiaries

  • Parents
  • Siblings
  • Other relatives dependent on the decedent’s support

Choosing an Expert Wrongful Death Attorney

If you recently lost a loved one, just moving forward may seem difficult, let alone pursuing a wrongful death case against those whose mistakes led to their death. The wrongful death attorneys of Breit Biniazan will help lighten this burden. We will take the lead on your wrongful death case and pursue legal justice in honor of your loved one. 

Our unique approach to wrongful death claims leads to high-dollar settlements that help families move forward. To minimize the stress of a wrongful death case, our firm won’t charge you a penny until we win your case.  

We can help your family after the loss of a loved one. Begin with a free case evaluation by calling 855-212-8200. 

Virginia Wrongful Death Lawsuits Frequently Asked Questions

Who gets the money in a wrongful death lawsuit?

If the wrongful death victim had any debts, the money may go to creditors first. If not, the money won in a wrongful death claim is usually given to the decedent’s estate and then divided by the administrator. Depending on the nature of the case, the money may be divided among family members.

How are wrongful death settlements paid out?

Wrongful death settlements are either paid out as a lump sum (all at once) or in structured, regular payments over time. These payments are usually made by an insurance company.

Are wrongful death settlements taxable in Virginia?

No, wrongful death settlements are not taxable in Virginia. A wrongful death attorney can help you understand all of the financial and tax information about the settlement.

View all testimonials

Don’t Settle, Hire the Best Trial Lawyers in the State

  • History of Excellence: Long tradition of success in court
  • Experienced Professionals: Over 200 years of combined legal experience
  • Award-Winning Attorneys: Attorneys have been recognized among the most experienced trial lawyers in Virginia and the country
  • Client Commitment: Dedicated to providing our clients with the attention they deserve from start to finish
  • Honorable Service: No recovery, no legal fee
  • Industry Leaders: Leadership roles in the legal community
  • Proven Results: Secured some of the largest settlements in Virginia history