Williamsburg Wrongful Death Lawyers
Losing a loved one is one of life’s most painful and emotionally challenging experiences. When that loss is caused by someone else’s negligent actions, the heartbreak is compounded by a deep sense of injustice. In these tragic situations, surviving family members may be eligible to pursue a wrongful death claim. Although no legal action can undo the loss, holding the responsible parties accountable can provide some measure of closure, as well as financial relief for those left behind.
At Anchor Legal Group, PLLC, our Williamsburg wrongful death lawyers are committed to helping grieving families navigate the complexities of the legal system during this difficult time. We provide compassionate legal guidance, explain your rights, and work tirelessly to secure fair compensation for your loss.
What Is Considered a Wrongful Death in Virginia?
A wrongful death occurs when someone dies due to the negligent, careless, or intentional act of another individual or entity. In Virginia, the law allows certain family members or representatives to pursue legal action against the at-fault party. Some of the most common causes of wrongful death include:
- Car, truck, or motorcycle accidents
- Workplace accidents
- Medical malpractice
- Defective or dangerous products
To bring a successful wrongful death claim, it must be shown that the death was directly caused by the defendant’s actions or failure to act, and that the incident could have been avoided had reasonable care been exercised.
What Types of Damages Are Available in a Wrongful Death Claim?
A wrongful death lawsuit seeks to compensate family members for the losses they have endured due to their loved one’s untimely death. In Virginia, these damages fall into two categories: economic and non-economic.
Economic damages include:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial costs
- Loss of the deceased’s future income and benefits
- Loss of services, care, and assistance that the deceased would have provided
Non-economic damages may cover:
- Emotional pain and suffering experienced by surviving family members
- Loss of companionship, guidance, comfort, and affection
- Loss of parental care and nurturing for surviving children
In certain cases involving particularly egregious behavior, punitive damages may also be awarded. These are intended not just to compensate the family but to punish the wrongdoer and discourage similar conduct in the future.
Our experienced wrongful death lawyers in Williamsburg will evaluate the full scope of your losses and help ensure your claim seeks maximum compensation.
Who Can File a Wrongful Death Lawsuit in Virginia?
Virginia law specifies that a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the person named as executor in the deceased’s will. If no will exists, the court will appoint someone—often a close family member—to act as the representative.
Although the personal representative brings the case to court, the damages recovered are distributed to the deceased’s statutory beneficiaries. These may include:
- Spouse and children (including adopted children)
- Grandchildren (if the children are deceased)
- Parents and siblings (if there is no spouse or children)
- Other relatives who relied on the deceased for support
The distribution of compensation follows a specific order defined by Virginia’s wrongful death statute. Our legal team can help you understand how the law applies to your family’s situation.
How Long Do You Have to File a Wrongful Death Claim?
Virginia imposes a two-year statute of limitations for filing a wrongful death lawsuit. This means that the case must be filed within two years from the date of the individual’s death. If the deadline passes, the court will likely refuse to hear the case, and the family may lose the right to seek compensation entirely.
There are very few exceptions to this deadline, which makes it crucial to speak with a lawyer as soon as possible. Prompt legal action can also help preserve critical evidence and improve the chances of a successful outcome.
What Does a Wrongful Death Lawyer Do?
Wrongful death cases can be legally and emotionally complex. At Anchor Legal Group, PLLC, our Williamsburg wrongful death attorneys provide comprehensive legal support, including:
- Investigating the cause of death and identifying liable parties.
- Gathering and preserving evidence, such as accident reports, witness statements, and medical records.
- Working with expert witnesses, including accident reconstruction and forensic specialists.
- Calculating the full extent of damages, both financial and emotional.
- Handling communication and negotiations with insurance companies.
- Preparing the case for trial if a fair settlement cannot be reached.
Throughout this process, our goal is to alleviate the burden on grieving families so they can focus on healing while we handle the legal side of the matter.
How Is Liability Proven in a Wrongful Death Case?
To succeed in a wrongful death lawsuit, the plaintiff must demonstrate that the defendant was legally responsible for the death. This involves proving the following elements:
- Duty of Care: The defendant owed a duty to act reasonably and safely.
- Breach of Duty: The defendant failed to meet that duty through action or inaction.
- Causation: The breach of duty directly caused the death.
- Damages: The death resulted in financial and emotional harm to the surviving family members.
Proving these elements often requires extensive documentation and expert testimony. For example, in a fatal car accident case, a lawyer may present surveillance footage, accident reconstruction analysis, and toxicology reports to establish negligence. In a medical malpractice case, the testimony of medical experts may be needed to show that the provider failed to follow standard protocols.
Are Wrongful Death Cases Usually Settled or Do They Go to Trial?
While some wrongful death cases go to trial, many are resolved through out-of-court settlements. A settlement allows both sides to avoid the uncertainty, time, and cost of litigation. Settling the case can also provide grieving families with faster access to compensation.
However, not all settlement offers are fair. Insurance companies often try to minimize payouts. That’s why it’s essential to have a knowledgeable attorney who can negotiate on your behalf and advise whether a proposed offer fully addresses your family’s losses. If necessary, we are always prepared to take your case to trial to pursue the justice your loved one deserves.
Find Compassionate Legal Support from the Williamsburg Wrongful Death Lawyers at Anchor Legal Group, PLLC
At Anchor Legal Group, PLLC, we understand the devastating impact that a wrongful death can have on a family—emotionally, financially, and spiritually. Let us help you take the next steps toward justice and healing. Call 757-LAW-0000 or contact us online to schedule your free consultation with a Williamsburg wrongful death lawyer. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.
