Can Anyone File a Wrongful Death Lawsuit in Virginia?

When a loved one tragically dies due to an accident, negligence, or intentional wrongdoing, family members are often left grappling with grief and uncertainty about their legal rights. A wrongful death lawsuit may offer a path to justice by allowing survivors to seek compensation for their loss. This includes economic damages like lost income and funeral expenses, as well as non-economic damages like the loss of companionship, guidance, and emotional support.

However, the question of who can file a wrongful death lawsuit in Virginia is not as straightforward as it might seem. The Code of Virginia sets specific rules about who has the legal authority to file such claims. Simply put, not just anyone can bring a wrongful death case. Understanding these rules is critical for ensuring your claim proceeds correctly.

Who Can File a Wrongful Death Lawsuit in Virginia?

Under Section 8.01-50 of the Code of Virginia, only the personal representative of the deceased’s estate is authorized to file a wrongful death lawsuit. The personal representative is typically the individual named as the executor in the deceased’s will or appointed by the court if no will exists.

The personal representative serves as the legal plaintiff in the case and acts on behalf of the deceased’s estate and eligible survivors. This ensures that wrongful death claims are brought by a single authorized party rather than by multiple family members.

Exception for Fetal Death Cases

The only significant exception to the general rule concerns wrongful death cases involving a fetal death. In such cases, Virginia law specifies that the natural mother must be the named plaintiff. If the natural mother is deceased or incapacitated, her estate’s personal representative or legal guardian may file the claim instead.

Confusion for Surviving Family Members

Many surviving family members may find this process confusing, particularly if they assume that they, as close relatives, can directly file a wrongful death lawsuit. For example, a surviving adult child or parent of the deceased may wish to act as the named plaintiff. However, Virginia law limits that authority to the estate’s personal representative.

It’s also worth noting that state laws vary when it comes to wrongful death claims. Some states allow multiple surviving family members to directly file lawsuits, while others, like Virginia, consolidate this authority to the estate’s representative.

Who Can Recover Damages from a Wrongful Death Lawsuit?

Although only the personal representative can file the lawsuit, the damages recovered are distributed to certain statutory beneficiaries under Virginia law. These beneficiaries may include:

1. Surviving spouse and children of the deceased.
   • If the deceased has no surviving children, grandchildren may inherit damages in place of their deceased parent.
2. Surviving parents, siblings, and dependents if the deceased has no spouse, children, or grandchildren.
3. Other family members are entitled to inherit under Virginia’s intestacy laws if none of the above individuals survive.

While the personal representative files the lawsuit, they do so on behalf of these beneficiaries, ensuring that any damages recovered are distributed appropriately.

Types of Damages Recoverable

Damages awarded in a wrongful death lawsuit can include compensation for:

• Medical expenses incurred before death.
• Funeral and burial costs.
• Loss of the deceased’s income, benefits, and financial support.
• Emotional pain and suffering of surviving family members.
• Loss of companionship, guidance, and protection.

The court will allocate these damages based on the specific circumstances and relationships of the beneficiaries.

Why You Should Contact a Virginia Wrongful Death Lawyer

Navigating the complexities of a wrongful death lawsuit can be overwhelming, especially during a time of grief. Ensuring the proper party files the claim and that damages are distributed fairly requires legal expertise.

At The Jackson Law Group, we are dedicated to guiding families through this difficult process with compassion and professionalism. Our experienced Virginia wrongful death lawyers will help you understand your rights, file the claim correctly, and seek the maximum compensation for your loss.

Get the Legal Support You Deserve

If you have questions about who can file a wrongful death claim or how damages will be distributed, contact The Jackson Law Group today. Our legal team offers free consultations and will work tirelessly to ensure justice is served for your loved one.