It’s impossible to determine the average wrongful death settlement in Virginia, as each family that loses a loved one in an accident experiences different losses. The amount of compensation your family deserves depends on several factors, including the decedent’s medical bills, age, earning potential, and more.
A Virginia wrongful death lawyer can determine your damages, investigate your loved one’s accident, and identify the liable party or parties. They can also negotiate with the insurance company on your behalf and fight for a fair settlement that covers all your financial and non-financial losses.
Factors That Affect How Much Wrongful Death Compensation Your Family Can Receive
Several factors can affect the amount of wrongful death compensation your family deserves after losing a loved one in a negligence-based accident, including:
Your Loved One’s Medical Bills
If your loved one was rushed to the emergency room after an accident and received extensive medical care, such as surgeries and diagnostic tests, in an attempt to save their life, your family will likely be left with a large pile of medical bills that need to be paid off, increasing the amount of your settlement.
However, if your loved one passed away quickly and there was little or nothing a medical team could do to revive them, there will likely be fewer medical bills that your settlement must cover.
Funeral and Burial Costs
As funeral and burial or cremation expenses are typically compensable in a wrongful death claim, the costs of these services will factor into the amount of compensation your family receives.
Your Loved One’s Age, Salary, and Household Role
Part of your settlement or award will likely include compensation for the current and future loss of the decedent’s (your loved one) income and contributions to your household.
For example, if they were the primary breadwinner in your family, had a high-paying job, were fairly young when the accident occurred, and played a large role in the upkeep and management of your household, your family will likely receive more compensation than if they had a lower-paying job, were nearing retirement age, and/or did not typically do many chores around the house.
The Circumstances Surrounding Your Loved One’s Death
Because anguish is often a large portion of a wrongful death claim, the circumstances surrounding your loved one’s accident and death can affect the amount of compensation your family recovers.
For example, if your loved one passed away instantly in a car accident, your family may recover less compensation than if they spent weeks in the hospital and experienced prolonged mental anguish, grief, and sorrow in the time between the accident and their passing.
The Liable Party or Parties and Their Insurance Coverage Limits
If more than one party contributed to the accident, your potential for a larger financial recovery may increase, especially if the liable parties have applicable insurance policies with high liability coverage amounts.
For example, if your loved one died in a commercial truck accident and your Virginia truck accident lawyer determines that both a trucking company and a vehicle manufacturer with large insurance policies were negligent in causing the crash, you may be able to secure more compensation than if your loved one was struck by a single negligent vehicle driver who has minimal liability insurance.
What Qualifies as a Wrongful Death in Virginia?
Per Va. Code § 8.01-244, a deceased individual’s family may claim wrongful death damages if their loved one passed away due to negligence, and they would have qualified for a personal injury lawsuit had they survived. You may qualify for a wrongful death claim in Virginia if your loved one passed away due to a:
- Car accident
- Truck accident
- Motorcycle accident
- Bicycle accident
- Bus accident
- Pedestrian accident
- Slip and fall injury
- Dog bite
- Defective or dangerous product
- Defective or dangerous drug
This list is not exhaustive. If your loved one died due to someone else’s negligence, a member of our team can evaluate your case and determine whether you qualify for a claim and what damages you may recover.
Who Can File a Wrongful Death Claim in Virginia?
Only the decedent’s personal representative (estate executor) can file a wrongful death claim or lawsuit in Virginia. According to Va. Code § 8.01-53, beneficiaries of a wrongful death settlement or judgment generally include the decedent’s spouse and children. In some cases, their grandchildren, parents, siblings, and/or other financially dependent relatives may recover compensation.
The estate executor generally has two years from the decedent’s death date to file a wrongful death lawsuit, per Virginia’s statute of limitations, so we recommend contacting a Virginia wrongful death lawyer as soon as possible to get started on your case.
Damages Surviving Family Members Can Claim After a Wrongful Death in Virginia
According to Va. Code § 8.01-52, beneficiaries can seek the following wrongful death damages in Virginia:
- Medical expenses
- Reasonable funeral and burial costs
- Lost income, benefits, and services
- Sorrow and mental anguish
- Loss of companionship, comfort, society, guidance, and advice
Your Virginia wrongful death attorney can determine what damages you qualify for and fight for fair compensation on your behalf.
Let a Virginia Wrongful Death Lawyer From the Parrish Law Firm, PLLC, Fight for a Fair Settlement on Your Behalf
At the Parrish Law Firm, PLLC, we have been helping grieving families secure compensation for their loved ones’ untimely deaths since 2004. You shouldn’t have to take on the burden of an insurance claim or lawsuit during this difficult time. Let us handle your case for you so you can focus on spending time with your family and making your loved one’s final arrangements.
Learn more about how our experienced attorneys can help you. Contact us today for a FREE wrongful death claim review.
Call or Text (571) 229-1800 or Complete a Free Case Evaluation form