Are you grieving the loss of a loved one caused by someone else’s negligence in Virginia Beach? At Breit Biniazan, our personal injury attorneys in Virginia Beach are here to support you and help secure the compensation you deserve.
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 in Virginia Beach due to negligence, it’s crucial to have experienced legal representation to navigate the intricate legal procedures, gather evidence, and negotiate with insurance carriers and legal teams.
Don’t face this challenging time alone—call our Virginia Beach team today at (855) 659-4457 for the support and guidance you need.
Why Choose Breit Biniazan as Your Virginia Beach Wrongful Death Lawyers?
- Proven Results: We have recovered millions for families, including a $6 million wrongful death settlement involving a truck accident.
- Compassionate Guidance: We understand the emotional toll and offer support throughout the legal process.
- Experienced Advocacy: Our attorneys deeply understand Virginia wrongful death laws and local courts.
- Personalized Representation: Each case receives thorough investigation and tailored legal strategy.
- No Upfront Fees: Call us for a free consultation at (855) 659-4457.
Understanding Wrongful Death Claims in Virginia
A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another party. In Virginia, wrongful death claims can be brought against individuals, companies, and even government entities responsible for a loved one’s death. These claims aim to compensate the surviving family members for their financial and emotional losses, and to hold the responsible parties accountable.
Types and Causes of Wrongful Death
Wrongful death claims can arise from various scenarios where another party’s negligence or wrongful act results in a fatality. Here are some common types:
- Motor Vehicle Accidents: Cars, trucks, motorcycles, pedestrians. In 2024, Virginia Beach had 24 traffic fatalities, a 50% decrease from 2023 but still tragic. Families may seek compensation for funeral expenses, lost income, and other impacts.
- Medical Malpractice or Medical Negligence: Errors such as misdiagnosis, surgical mistakes. Medical errors remain a leading cause of death nationally with recent reports showing increased serious errors resulting in death.
- Workplace Accidents: Unsafe working conditions, equipment failures contribute to fatal injuries. National data shows slight declines, but dangers remain.
- Product Liability: Defective or dangerous products cause fatal injuries. Seniors are especially vulnerable with tens of thousands of fatalities annually linked to consumer products.
- Nursing Home and Elder Abuse: Includes malnutrition, dehydration, physical/emotional abuse leading to deaths of vulnerable residents.
- Criminal Acts: Intentional violence such as assault or homicide can lead to wrongful death claims filed alongside criminal cases.
Who Can File a Wrongful Death Lawsuit?
Only the personal representative of the deceased’s estate can file a wrongful death lawsuit. Eligible family members entitled to compensation include:
- Spouses
- Children (including adopted, stepchildren)
- Grandchildren
- Parents
- Siblings
- Dependent relatives
- Beneficiaries named in a will
Recoverable Damages in Wrongful Death Cases
Families affected by wrongful death may be entitled to recover compensation to secure financial recovery for various damages caused by the incident. Economic damages cover medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident.
Non-economic damages include pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. In cases involving willful or reckless conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. Virginia caps punitive damages at $350,000.
Statute of Limitations for Wrongful Death Claims in Virginia
You have 2 years from the date of death to file a wrongful death lawsuit in Virginia. This deadline is strict; missing it usually means losing your right to pursue compensation. The clock starts ticking on the day your loved one passes away—not the date of the injury or accident.
Important Exceptions:
- Discovery Rule: If the wrongful death wasn’t immediately apparent, the time may start from discovery.
- Minor Claimants: Minor children have until two years after turning 18 to file.
- Government Claims: Special rules may apply requiring notice to government entities.
Given these strict timelines, it’s crucial to consult with an experienced wrongful death attorney as soon as possible to ensure that you do not miss critical deadlines and to understand any specific circumstances that might affect your case. At Breit Biniazan, our team can provide the guidance and expertise needed to navigate these legal requirements effectively.
How to File a Wrongful Death Claim in Virginia
- Contact a wrongful death lawyer immediately to protect your legal rights.
- Appoint the personal representative (executor) of the estate if not already done.
- Collect evidence: Medical records, accident reports, coroner’s report, witness statements, photographs.
- Draft and file the wrongful death lawsuit within the two-year statute of limitations.
- Engage in settlement negotiations or prepare for trial if needed.
Breit Biniazan: Wrongful Death Attorneys
At Breit Biniazan, we are dedicated to providing compassionate and effective legal representation for families affected by wrongful death. Our wrongful death attorneys are committed to helping you navigate the legal process, file claims, negotiate settlements, and ensure you receive the compensation you deserve.
Our experienced and compassionate wrongful death lawyers understand the emotional and financial stress you are experiencing and are here to support you through this difficult time. Our attorneys have decades of experience handling wrongful death cases and have a proven track record of success. We understand that every case is unique and provide tailored legal strategies to meet your specific needs. We have secured significant settlements and verdicts for our clients, helping them achieve justice and financial stability.
We are committed to supporting you through this difficult time with empathy and understanding. If you have lost a loved one due to someone else’s negligence, contact Breit Biniazan today for a free consultation. Our experienced wrongful death attorneys in Virginia Beach are here to help you navigate the legal process and seek the justice and compensation you deserve. Call us at (855) 659-4457 or visit us online to schedule an appointment and discuss your case.
FAQs About Wrongful Death Cases
What is a wrongful death claim?
A wrongful death claim is a legal action brought when someone dies as a result of another party’s negligent, reckless, or intentional actions. The purpose of such a claim is to seek compensation for the surviving family members for their financial and emotional losses. These claims can be filed against individuals, companies, or government entities responsible for the death.
Who can file a wrongful death lawsuit in Virginia?
In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. Eligible beneficiaries who can receive compensation include spouses, children, adopted children, stepchildren, grandchildren, parents, siblings, dependent family members, and other beneficiaries named in the deceased person’s will.
What types of damages can be recovered in a wrongful death case?
Families affected by wrongful death may be entitled to various types of compensation.
Economic damages include medical expenses related to the injury or illness leading to death, funeral and burial costs, loss of the deceased’s future income and financial support, and property damage resulting from the incident.
Non-economic damages cover pain and suffering experienced by the deceased before death, emotional distress and mental anguish suffered by surviving family members, and loss of companionship, care, guidance, and comfort. Punitive damages may also be awarded in cases involving willful or reckless conduct, with a cap of $350,000 in Virginia.
How long do I have to file a wrongful death claim?
In Virginia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that the lawsuit must be initiated within this period; otherwise, you may lose the right to pursue compensation. There are certain exceptions, such as the discovery rule, which can extend this period if the wrongful nature of the death was not immediately apparent.
How is a wrongful death case different from a criminal case?
Wrongful death cases seek financial compensation in civil court, while criminal cases seek punishment through the state's legal system.
What should I do if I suspect my loved one's death was wrongful?
Do you suspect your loved one’s death was wrongful? If so, it is crucial to seek legal advice immediately. Our experienced wrongful death attorneys can help you understand your legal options, gather necessary evidence, and file a lawsuit within the required timeframe. Acting promptly ensures that you preserve critical evidence and witness testimonies to strengthen your case. Don’t wait—call us today at (855) 659-4457 for the support and guidance you need.
Take Action Today—Get the Justice Your Family Deserves
Don’t wait—Virginia’s wrongful death statute of limitations is strict. Contact Breit Biniazan’s compassionate wrongful death lawyers in Virginia Beach for a free consultation at (855) 659-4457.
Let us help you honor your loved one’s memory by pursuing full and fair compensation to secure your family’s future.