Cases Tried In:

Free Consultations 301-565-1655

Call Us 301-565-1655

Available 24/7 | Free Consultations

Blog

Who can bring a wrongful death suit in Virginia | Whitlock Law, LLC

Posted on January 07, 2022 in Truck Accidents

Wrongful death lawsuits in Virginia usually result from the negligent actions of another person who assumes legal liability for the damages that they cause. Common examples of wrongful death include fatalities resulting from medical malpractice, auto accidents, and workplace accidents. Here’s what you need to know about who can bring a wrongful death suit in Virginia.

WHO CAN BRING A WRONGFUL DEATH SUIT IN VIRGINIA?

Virginia state law § 8.01-53 governs who can file wrongful death claims in the state.
Direct family members are typically the parties who file wrongful death claims. The potential eligible plaintiffs include the surviving spouse of the deceased, children of the deceased, the grandchildren of the deceased, and the parents of the deceased (if they relied on the deceased for support). If none of those exist, then other family members may qualify to receive compensation.

THE LAW GIVES PRIORITY TO SPOUSES AND CHILDREN OF THE DECEASED

If there are a surviving spouse and/or children, they are the primary beneficiaries of wrongful death claims in Virginia. Grandchildren are only eligible to collect on a wrongful death suit if their parent (the child of the deceased) is also deceased.

In the event that there are no surviving spouses, children, or grandchildren, then other relatives like sisters, brothers, and parents who relied on the deceased are next in line.
If the deceased has none of the surviving family members listed above, then Virginia’s intestacy laws dictate who receives the damages.

You should be aware that the Virginia statute of limitations sets limits on the timeframe in which plaintiffs can file suit.

Family members of the deceased, starting with spouses and children, are first in line to bring a wrongful death suit. If none of those exist, other family members may also file a claim.

Share this post:

Recent Blog Posts

Request a Case Evaluation

All fields are required

NOTE: Fields with a * indicate a required field.

Full Name *

Email *

Phone *

Type of Case *

Briefly describe your legal matter *

By checking this box, you agree to receive SMS text messages from Whitlock Law, LLC. Reply STOP to opt out at any time. Reply HELP for Customer Care Contact Information. Messages and data rates may apply. Message frequency will vary.

Silver Spring Bowie Frederick Chesapeake Manassas Glen Allen Leesburg

Silver Spring Office

8701 Georgia Ave. Suite 610
Silver Spring, MD 20910

Call 301-565-1655

Bowie Office

16701 Melford Blvd., Suite 400
Bowie, MD 20715

Call 301-565-1655

Frederick Office

5100 Buckeystown Pike # 250
Frederick, MD 21704

Call 301-565-1655

Chesapeake Office

1545 Crossways Blvd., Suite 250
Chesapeake, VA 23320

Call 301-565-1655

Manassas Office

10432 Balls Ford Rd, Suite 300
Manassas, VA 20109

Call 301-565-1655

Glen Allen Office

4870 Sadler Road, Suite 300
Glen Allen, VA 23060

Call 301-565-1655

Leesburg Office

113 E.Market St, ste 111
Leesburg, VA 20176

Call 703-576-5005

We serve clients throughout Maryland and Virginia, including Rockville, Potomac, Olney, Aspen Hills, Damascus, Hagerstown, Middletown, Bethesda, Germantown, Kensington, Gaithersburg, Chevy Chase, Frederick, Urbana, Clarksburg, Greenbelt, Upper Marlboro, College Park, Beltsville, Largo, Laurel, Columbia, Ellicott City, Pikesville, Owings Mills, Towson, Reisterstown, Essex, Parkville, Randallstown, Linthicum Heights, Baltimore, Annapolis, Crofton, Severna Park, Glen Burnie, Westminster, Sykesville, Arlington, Chesapeake, Newport News, McLean, Herndon, Leesburg, Ashburn, Sterling, Reston, Richmond, Suffolk, Roanoke, Lynchburg, Centreville, Charlottesville, Annandale, Harrisonburg, Waynesboro, Vienna, Front Royal, Falls Church, Purcellville, Hampton, Portsmouth, Woodbridge, Gainesville, Silver Spring, Langley Park, Riverdale Park, Wheaton, Glenmont, Highlandtown, Fredericksburg, Glen Allen, Hyattsville, Fairfax, Manassas, Alexandria, Greektown, Bowie, and Norfolk.

Results listed are not a guarantee or indication of future case results.

Cases Tried In:

Call Us 301-565-1655

Available 24/7 | Free Consultations

Who can bring a wrongful death suit in Virginia | Whitlock Law, LLC

WHO CAN BRING A WRONGFUL DEATH SUIT IN VIRGINIA?

THE LAW GIVES PRIORITY TO SPOUSES AND CHILDREN OF THE DECEASED

Recent Blog Posts

Categories

Archive

Request a Case Evaluation

Silver Spring Office

Bowie Office

Frederick Office

Chesapeake Office

Manassas Office

Glen Allen Office

Leesburg Office