Losing a loved one due to someone else’s negligence is a devastating experience. In Virginia, the law provides a pathway for families to seek justice through wrongful death claims. However, understanding who is eligible to file such a claim and who can benefit from it is crucial. Hilton & Somer, LLC, serving Virginia, Maryland, and Washington, D.C., is here to guide you through this complex legal process.
Who Can File a Wrongful Death Claim in Virginia?
In Virginia, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This individual is either appointed by the deceased’s will or, if no will exists, by the court. It’s important to note that the personal representative acts on behalf of the beneficiaries and may not necessarily be one of them.
The personal representative must be duly qualified and appointed by a Virginia circuit court to bring a wrongful death action. If the representative is not properly appointed, any legal actions taken can be nullified, potentially jeopardizing the claim.
Who Are the Beneficiaries?
While the personal representative files the claim, the beneficiaries are the individuals entitled to recover damages. Virginia law outlines a specific hierarchy:
- Surviving Spouse and Children: They are the primary beneficiaries. If both exist, the compensation is divided among them, with at least one-third going to the spouse.
- Parents: If there’s no surviving spouse or children, the deceased’s parents may be beneficiaries, especially if they received support from the deceased within 12 months prior to death.
- Siblings and Other Dependents: In the absence of the above, siblings or other relatives who were dependent on the deceased and shared a household may be eligible.
- Estate Heirs: If none of the above exist, the compensation is distributed according to Virginia’s intestacy laws.
It’s essential to understand that the distribution of damages is determined by law, not by the deceased’s will.
Timeframe for Filing a Claim
Virginia law mandates that wrongful death claims be filed within two years from the date of death. Failing to meet this deadline can result in the claim being barred.
Why Legal Guidance is Crucial
Navigating the complexities of wrongful death claims requires experienced legal counsel. Hilton & Somer, LLC, with decades of experience in personal injury law, is committed to providing compassionate and effective representation. Our team will ensure that the personal representative is properly appointed and that the rights of all beneficiaries are protected.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-virginia.html
https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/
