Wrongful Death
Our personal injury attorneys in Richmond secured substantial compensation for our clients, including a $15 million award for a family in a tragic wrongful death case. Our legal team was able to achieve justice for her family twelve years after the case.
At Breit Biniazan, our dedicated team specializes in wrongful death cases, providing the expertise and commitment needed to navigate the complexities of these situations. If you’ve lost a loved one due to negligence in Richmond, VA, it’s critical to have experienced legal representation by your side. Richmond wrongful death lawyers understand the emotional and financial toll of losing someone due to another party’s negligence, and we are here to help you gather evidence, handle legal procedures, and negotiate with insurance companies. Don’t face this difficult time alone—contact our Richmond team today at (804) 351-9040 or visit us at 2100 East Cary Street, Suite 310, Richmond, VA 23223, for the support and legal guidance you need.
A wrongful death claim is a legal action initiated by the surviving family members or beneficiaries of an individual who has died due to the negligence, recklessness, or intentional wrongdoing of another party. This type of claim is pursued in civil court to seek financial compensation for the losses and damages experienced by the surviving family members as a result of their loved one’s death. Unlike a personal injury claim, which is filed by the injured person themselves, a wrongful death claim is brought by the family members or beneficiaries of the deceased. This legal avenue allows the surviving family members to recover compensation for various damages, including medical expenses, funeral costs, lost income, and the emotional pain and suffering caused by the untimely death.
In Virginia, a wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. Essentially, if the deceased individual could have pursued a personal injury claim had they survived, then a wrongful death claim is valid. To establish a wrongful death claim, it must be proven that the wrongful act or neglect directly caused the death. The primary objective of a wrongful death claim is to provide financial compensation to the surviving family members and to hold the responsible party accountable for their actions. This legal framework ensures that families receive the support they need to cope with their loss and that negligent parties are held responsible for their conduct.
At Breit Biniazan, we have a proven track record of securing significant compensation for families who have tragically lost loved ones due to negligence. Our wrongful death attorneys are dedicated to seeking justice and holding responsible parties accountable. Some of our notable wrongful death case results include:
These cases reflect our commitment to fighting for justice and providing families with the financial support they need after a wrongful death.
In Virginia, a wrongful death claim must be filed by a personal representative on behalf of the deceased’s surviving family members and estate. The personal representative is typically appointed by the court and acts on behalf of the victim’s statutory beneficiaries—the individuals who are legally entitled to recover damages in a wrongful death case. A Virginia wrongful death claim involves a death caused by the wrongful act, neglect, or default of another party. These statutory beneficiaries may include:
If the deceased had no surviving family members, the right to file a wrongful death claim would go to the individuals eligible to inherit the victim’s estate under Virginia’s intestacy laws. This ensures that the deceased’s estate is represented, even if no immediate family members are present.
Navigating a wrongful death claim involves several critical steps, and having a skilled Richmond wrongful death lawyer can help guide you through the process. Here’s how a lawyer will assist you every step of the way:
Having an experienced wrongful death lawyer ensures that each stage of the process is handled with care and professionalism, giving you peace of mind during a difficult time.
Selecting the right Richmond wrongful death attorney is a critical step in ensuring that you receive the fair and just compensation you deserve. When choosing an attorney, consider their experience in handling wrongful death cases, their knowledge of Virginia laws and regulations, and their ability to provide compassionate and personalized representation. An experienced wrongful death attorney will help you navigate the complex legal process, gather necessary evidence, calculate the full extent of your damages, and negotiate with insurance companies to achieve a fair wrongful death settlement. The right attorney will not only provide expert legal guidance but also offer the emotional support needed during such a challenging time.
Families who have lost a loved one due to wrongful death may be entitled to compensation to help with the financial and emotional burdens that result from such a tragedy. A Virginia wrongful death lawsuit allows for the recovery of various types of damages, including both financial and emotional damages. Economic damages aim to cover the tangible losses associated with the incident. These can include medical expenses incurred before the death, funeral and burial costs, the loss of the deceased’s future income and financial contributions, and any property damage resulting from the fatal event. Non-economic damages are available to address the more intangible impacts. These damages compensate for the pain and suffering experienced by the deceased before death, as well as the emotional distress and mental anguish endured by surviving family members. Compensation can also be sought for the loss of companionship, care, guidance, and emotional support that the deceased would have provided. In cases where the wrongful death was caused by willful or reckless behavior, punitive damages may be awarded to penalize the responsible party and discourage similar conduct in the future. In Virginia, punitive damages are capped at $350,000. These damages serve not only to punish the wrongdoer but also to send a message that such negligence or misconduct will not be tolerated. Below are wrongful death damages stated by the code of Virginia and the Wrongful Death Act:
Wrongful death claims can arise from various situations where another party’s negligence or wrongful actions result in a fatality. Here are some of the most common types of wrongful death cases, along with the underlying causes:
Fatal outcomes from medical errors, such as misdiagnosis, surgical mistakes, or medication errors, are among the most common wrongful death claims. Research from Johns Hopkins identifies medical errors as a leading cause of death in the U.S., contributing to over 250,000 fatalities annually.
Accidents involving cars, trucks, motorcycles, or pedestrians often lead to wrongful death claims. Reckless driving behaviors like speeding, distracted driving, and driving under the influence are frequent contributors to these fatalities. In Richmond and throughout Virginia, traffic accidents claim numerous lives each year.
Intentional violence, such as shootings, stabbings, or assaults, can result in wrongful death. In addition to facing criminal charges, perpetrators can be held civilly liable through wrongful death lawsuits, allowing families to seek compensation.
Unsafe working conditions, equipment malfunctions, or inadequate safety measures often result in fatal workplace accidents. Virginia experiences numerous fatal injuries each year in industries such as construction, manufacturing, and transportation.
Elderly residents in nursing homes may suffer fatal harm due to abuse or neglect, including dehydration, malnutrition, and lack of adequate medical care. Families can file wrongful death claims against facilities that fail to provide the required standard of care.
Defective products, such as malfunctioning vehicles, faulty medical devices, or hazardous consumer goods, can lead to fatal injuries. Manufacturers and distributors can be held liable if their products fail to meet safety standards, and wrongful death claims can be pursued.
The wrongful death claims process can be intricate and time-consuming, but with the right attorney by your side, you can expect a thorough and determined pursuit of justice. The process typically begins with an initial consultation with an attorney, where you will discuss the details of your case and determine the best course of action. Your attorney will then gather evidence, including witness statements, medical records, and expert testimonies, to build a strong case. They will also calculate the damages you are entitled to, considering both economic and non-economic losses. The next step involves negotiating with insurance companies to reach a fair settlement. If a settlement cannot be achieved, your attorney will prepare for trial and represent you in court. Throughout the process, your attorney will keep you informed and updated on the progress of your case, ensuring that you receive the compensation you deserve for your loss.
In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that you have two years from the day your loved one passed away to file a lawsuit against the responsible party. If legal action is not initiated within this period, you risk losing your right to seek compensation permanently. The statute of limitations plays a vital role in wrongful death cases for several reasons. First, it ensures that claims are brought while evidence is still fresh and available. Acting promptly helps preserve key information, such as witness testimonies and physical evidence, both of which can fade or deteriorate over time. The sooner you act, the better the chances of building a strong case. Second, the statute of limitations promotes the timely resolution of legal disputes. It prevents defendants from being under a prolonged threat of litigation, encouraging a more efficient legal process and providing closure to both parties. This timeframe motivates plaintiffs to seek justice without unnecessary delays. There are some exceptions that may alter the two-year window. For example, if the wrongful nature of the death was not immediately discovered, the statute may begin when the wrongful act is discovered rather than the date of death. This is known as the “discovery rule.” Additionally, cases involving government entities may be subject to special notice requirements and shorter filing deadlines. Given these complexities, it’s critical to consult with an experienced wrongful death attorney as soon as possible. At Breit Biniazan, our team will ensure you meet all necessary deadlines and understand any unique factors that may impact your case, providing expert guidance every step of the way.
In Virginia, a wrongful death claim is brought on behalf of the deceased’s surviving family members to compensate for their losses, such as loss of financial support, companionship, and funeral expenses. In contrast, a survival action allows the deceased’s estate to pursue compensation for the pain and suffering, medical bills, and lost wages the deceased experienced between the time of injury and their death. Essentially, wrongful death focuses on the family’s loss, while survival actions focus on the harm to the deceased before they passed away.
Wrongful death claims often stem from negligence, but the two are not identical. Negligence refers to the failure to exercise reasonable care, which directly causes injury or harm to another person. Wrongful death occurs when that negligence leads to the death of the individual. While wrongful death claims can be based on negligence, they may also arise from intentional acts, medical malpractice, or product liability.
Wrongful death refers to a situation where a person dies as a result of another party’s negligence, recklessness, or intentional actions. An example would be a fatal car accident caused by a drunk driver. If the driver’s reckless behavior leads to the death of another person, the family of the deceased may file a wrongful death claim to seek compensation for their loss.
At Breit Biniazan, our experienced wrongful death attorneys have secured significant compensation for our clients, including a $15 million settlement for the wrongful death of a loved one. Having a skilled attorney on your side can make all the difference in obtaining the maximum compensation your family deserves.
The amount of compensation in a wrongful death case can vary widely depending on the circumstances of the case. Compensation, often called damages, may cover funeral and burial expenses, medical bills incurred before death, lost wages, loss of financial support, and non-economic damages such as emotional distress and loss of companionship. In some cases, punitive damages may also be awarded if the death was caused by particularly egregious behavior.
Yes, you can sue a doctor or healthcare provider for wrongful death if their negligence or medical malpractice directly led to the death of a patient. This could include errors in diagnosis, surgical mistakes, improper medication administration, or failure to provide appropriate care. In such cases, a wrongful death claim can be filed to seek compensation for the loss of a loved one due to medical negligence.
Yes, it is possible to sue a workplace for wrongful death if unsafe working conditions, negligence, or employer misconduct led to a fatal accident. In some cases, families may be able to file both a wrongful death lawsuit and a claim for workers’ compensation death benefits. If a third party, such as a contractor or equipment manufacturer, was involved in the incident, additional legal claims might also be pursued.
Schedule your free, confidential case evaluation with our Richmond legal team by calling (855) 659-4457.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"
"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."
"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"
"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."
"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."
"Sarah and the team at Breit Biniazan could not have been more professional, caring and informative. Throughout the whole process they would check on my condition, health and exchange any updates with medical care as well as the case itself. They walked me through each step, explained the expectations and possible outcomes while keeping it professional. The communication was always as easy as a text, email or call away and always responsive. If you're still looking for your team, look no further. Make the call, let Sarah provide the care you need and fight for the settlement you deserve. Thank you for fighting for me Sarah!"
"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."
"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use
Them again in the future if I needed to."
"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.
At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."
"Nothing but a great experience with this firm. Sarah was fully professional, attentive, and communicative throughout the entire process while representing me. Anyone who has a personal injury case, this is the firm that you want to go to. 10/10 I strongly recommend!"
"Sarah has been a great help in my case. I have been in a very serious Motorcycle accident and she and her team has worked very diligently on my case. I would like to say Thank You and will definitely be considering you in the future if needed!!"
"Best law firm in Hampton Roads"
"GREAT! GREAT! GREAT! ... you can not go wrong with this firm backing you!... Thanks for everything!"
"Had a amazing experience with this company. They helped me every step of the way when I had to go to court for a accident I was in. They are really personable and go above and beyond in customer service."
"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."
"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"
"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"
"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"
"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."
"Throughout 2019 and 2020 Attorney Kevin Biniazan helped me with a personal injury case. Aside from the professionalism and attentiveness one would expect from a quality law firm such as Breit Cantor Grana Buckner, I was taken by the fact that they agreed to take my case on a contingency basis, even though there was little evidence in my favor in the early stages of preparation. This meant the world to me. It meant that they believed in me, and my case, when two other firms declined to take the case. In late 2020 the case settled out of court and I received a substantial monetary award that exceeded my expectations. Thank you Kevin, and all your support staff for believing in me when many others did not!!!!"
"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"
"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."
"Michael Collett represented us in our suit, and he was incredible. He made quick, efficient work of getting our case positively resolved while also making sure to keep us updated along the way. We recommend him to anyone seeking representation in a personal injury suit.
Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
If you are in need of any representation for a personal injury suit, I highly recommend Michael and his colleagues."
"I'm an attorney in Nebraska and represented a Nebraska family who lost their son/brother due to an electrocution on a job site in Virginia. After handling the workers' compensation claim in Nebraska, I reached out to multiple law firms in Virginia, ultimately co-counseling with Kevin Biniazan on the Virginia third party claims. He worked the case up, secured experts, and ultimately tried the case to a jury. Kevin and his team did a fantastic job presenting the case, arguing points of law, and overall just demonstrated that they had put extraordinary time and effort into preparing the case for trial. They secured a 7-figure recovery on tough facts and were great to work with along the way. I highly recommend Kevin and his firm."
"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"
"Outstanding service! My case lasted approximately 2 years, the staff was more than patient with me and the multiple questions I had throughout the process. I highly recommend their services to all."
"I was injured in a motorcycle accident with a car driver and refered to Breit Biniazan by a second lawfirm from my home state. They were professional and got me through one of the most painful times in my life. I simply gave them what they needed and they took care of the rest, getting me proper compensation for my pain and suffering."
"I took a chance on this firm from a recommendation and I couldn’t be happier with their work and the results of my case. Kellie and Nilda are pure gold! Kellie kept me appraised of everything that was going on, timely and answered all my questions and concerns. I followed a recommendation; trust me, Breit Biniazan is the very best!"
"Kevin, Kylee and his team are the best in the business! They are the most trustworthy,hardworking,dedicated, honest, and morally outstanding people I've had the pleasure of knowing."
"My experience with the team at Breit Biniazan was nothing short of outstanding. They handled our case with the utmost professionalism and compassion. Kellie, their paralegal proved to be an invaluable support. Kellie was compassionate and her communication helped us through a tough time. I highly recommend Breit Biniazan."
"I had the pleasure of working with Mr. Beasley and Ms. Jennings. I was unfortunately involved in multiple crashes that I was a victim of and sought their firm, Breit Biniazan for help with medical bills and other issues. They worked with me for well over a year, coming to a successful resolution for my cases. They are incredibly passionate about their job and getting to an outcome desired for their plaintiffs. I would recommend their firm for any cases you may have, no questions asked."
"I’ve never been in a lawsuit, nor have I been to court, or had anything dealing with legal matter so all of this was pretty new to me, and 9/10 it was scary & heart racing. The only reason I got through it is because of Kevin. If it wasn’t for him with his patience, his commitment to his client, or the will to go the distance I never would’ve had confidence in any of this legal stuff. 10/10 recommend Breit Biniazan."
"Kept me informed of the entire process. Offered advice on how to proceed."
"Fantastic team! Kevin is an amazing attorney who comes through on his word. Kylee and the team of paralegals went above and beyond to help me understand what we should expect in the case. I highly recommend Kevin’s team to anyone who is not only in need of a legal team, but one who will get them what they deserve!"
"Kevin and his team worked tirelessly to help us secure the best possible outcome for an incredibly difficult situation. They were supportive and attentive to our needs, walked us through the process step by step and fought hard for us. I would highly recommend Breit Biniazan for all of your legal needs."
"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.
As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
I wholeheartedly endorse Breit Biniazan and recommend their services to anyone in a similar situation."
"Alexis Meier is an exceptional attorney—professional, knowledgeable, and highly effective. She handled my case with efficiency, care, and compassion, ensuring everything was managed seamlessly. Her team was equally impressive, always responsive and prompt in their communication. It was an absolute pleasure working with them, and I highly recommend Alexis and her team to anyone in need of outstanding legal representation."
