What We Do

Wrongful Death

Wrongful death cases can arise from any kind of personal injury accident.  In proving liability in a wrongful death case, a party must prove the underlying cause of action.  For example, if the decedent dies in a car wreck, the elements of a vehicular accident must be proved.  If the decedent dies using a dangerous product, the elements of a products liability claim must be proved.

A wrongful death claim must be brought by the “personal representative” of the decedent.  The personal representative can be anyone, but is typically the spouse or close relative of the decedent.

The individuals who may recover in a wrongful death action are the decedent’s beneficiaries.  The Virginia Code defines various categories of potential beneficiaries:

A.   The surviving spouse, the children, and the children of any deceased child of the deceased are the primary beneficiaries. 

B.   If there are none of the above, then the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent and is also a member of the same household as the decedent.

C.   If the decedent left both a surviving spouse and parent or parents, but no child or grandchild, then the surviving spouse and parent(s) are the beneficiaries.

D.   If there are survivors under (a) or (c) above, then any award shall go to those beneficiaries and to any other relative who is primarily dependent on the decedent and is also a member of the same household of the decedent.

E.   If none of the above, then any award shall be distributed to the decedent’s decedents as set forth in the Virginia Code.

Likewise, the Virginia Code defines what types of damages can be recovered in a wrongful death action.  Damages are not meant to compensate for the “value” of the decedent’s life.  Rather, they are meant to compensate the beneficiaries for the losses they have felt and sustained due to the death of a loved one.  Accordingly, damages are
awardable for the following:

A.   Sorrow, mental anguish, and solace which includes loss of companionship with the decedent.

B.   Loss of income and services, protection, care and assistance provided by the decedent.

C.   Expenses for the care, treatment and hospitalization of the decedent (if any).

D.   Reasonable funeral expenses.

E.   Punitive damages if applicable.