Wrongful Death

PURSUING JUSTICE FOR PEOPLE INJURED BY NEGLIGENCE & WRONGDOING IN VIRGINIA

What is a wrongful death action?

A wrongful death lawsuit is filed when someone dies as a result of another’s negligent or intentional acts. In Virginia, the personal representative of an estate may bring a civil action to recover damages against a party who is responsible for the death. The underlying negligence can be medical malpractice, a car or truck driver’s negligence, poor care in a nursing or assisted living facility, improper placement or maintenance of equipment or structures, and many others.

At Jones & Rostant, our Fairfax wrongful death attorneys can help you determine whether you can file a wrongful death action in Virginia to seek justice and fair compensation for the losses experienced by the deceased’s statutory beneficiaries.

Who can recover damages in a wrongful death action?

In Virginia, the persons who may recover damages for the death of another are called “statutory beneficiaries.” The statutory beneficiaries include:

  • The surviving spouse and children or grandchildren of the deceased, and parents who regularly received support or services from the decedent within 12 months of the death.  If there are none, then

  • The surviving parents and siblings of the deceased, or any relative who shared the deceased persons’ home and is a dependent of the decedent, and

  • Any surviving family member entitled to inherit the deceased’s estate under Virginia’s intestacy law. :

What are the damages in a wrongful death action?

  • Medical, Funeral and Burial Expenses

  • Sorrow and mental anguish

  • Loss of the deceased's care, comfort, guidance, companionship, society, advice, and kindly offices

  • The value of lost wages and benefits, including those wages and benefits the deceased might reasonably have been expected to earn if he or she had lived

  • In some instances, punitive damages.


Call our Virginia wrongful death lawsuit lawyers at (703) 352-0522 for a free case review.


Our Fairfax wrongful death attorneys can help you determine if the death of your loved one was the result of negligence. Call at (703) 352-0522 or visit the contact us page.