Who Can File a Wrongful Death Lawsuit in Virginia?

The loss of a loved one is one of the most challenging experiences a family can endure. When another’s negligence causes that loss, it can feel even more overwhelming. When this happens, there are legal options to seek justice through a wrongful death lawsuit. But who can file a wrongful death lawsuit in Virginia? State law has strict rules for who can take this kind of legal action and who can benefit from it. Understanding these laws and your rights is the first step toward finding answers and accountability.

At Merrick Brock, PLLC, we help families in Richmond and across Virginia navigate wrongful death claims with compassion and clarity. This blog post will explain what you need to know if you’re considering filing a claim, including who is eligible for compensation.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought when a person dies as a result of another party’s wrongful act, negligence, or failure to act. Virginia law allows certain family members to pursue compensation for the emotional, financial, and practical losses that come with losing a loved one.

Unlike a criminal case, which seeks to punish wrongdoing, a wrongful death lawsuit is a civil case and focuses on the needs of surviving family members. It is about securing justice, easing financial burdens, and holding negligent parties accountable.

Who Can Sue for Wrongful Death in Virginia?

If you’re wondering who can bring a wrongful death claim in Virginia, the answer starts with the decedent’s personal representative. Virginia law requires that the lawsuit be filed by the personal representative of the deceased’s estate. This person may be named in the deceased’s will or appointed by the court.  However, the compensation from the lawsuit is not awarded to the personal representative. Instead, it is distributed to “statutory beneficiaries,” in accordance with Va. Code 8.01-53, which include:

• The surviving spouse,
• Children;
• Grandchildren of deceased children;
• Parents, possibly depending on if they were financially dependent on the deceased;
• Siblings, possibly depending on if they were financially dependent on the deceased; or
• Other relatives who were primarily dependent on the deceased and lived in the same household..

Each case is unique, and the relationships of those involved can sometimes complicate matters. If you are unsure about your rights, consulting with an experienced wrongful death attorney can help bring clarity.

Who Can File a Wrongful Death Claim If There Is No Will?

If the deceased left no will and no named personal representative, there is a process to have someone appointed as the administrator of the estate solely for the purpose of pursuing a wrongful death claim.  This individual is often a close family member, such as a spouse or adult child. Your wrongful death attorney can help with the process of having someone appointed as administrator of the estate so that a claim can be filed.  The appointed personal representative then has the authority to work with a wrongful death attorney and pursue the claim on behalf of the statutory beneficiaries.

Who Gets the Money in a Wrongful Death Lawsuit?

One of the most common questions involves who gets the money. As previously mentioned, the law determines who is eligible for compensation. Among those who are eligible for compensation, the specific distribution depends on the family structure, how close the beneficiary was with the deceased, and any financial dependency or support at the time of death.

If the case goes to trial, the award can specify the amount or the proportion to be received by each of the beneficiaries.  The distribution is not always equal among beneficiaries.  For instance, a young child who relied on the deceased for financial and emotional support may receive more compensation than an adult child who did not rely on the deceased for financial support or who had a strained or distant relationship with the deceased.

If the case is settled before trial, the court will have to approve both the amount of the settlement and the distribution among beneficiaries.  If the beneficiaries cannot agree on the distribution, the court can hear evidence and decide on the distribution.

Even if you were close to the person who passed, you must meet Virginia’s legal definition of a beneficiary to recover damages. Our team can help you understand where you stand and what your next steps should be. In some cases, disputes can arise about distribution or about who should serve in the role as administrator of the estate. We work to minimize these issues and advocate for a fair outcome that honors the deceased’s legacy.

What Types of Damages Are Available in a Wrongful Death Claim?

Virginia law allows families to seek various types of compensation through a wrongful death claim. Damages may include:

• Medical expenses related to the deceased’s final illness or injury;
• Reasonable funeral and burial costs;
• Loss of the deceased’s income and future financial support;
• Loss of companionship, care, and guidance;
• Mental anguish and emotional suffering suffered by the beneficiaries as a result of the loss; and
• Punitive damages, in cases of willful or reckless misconduct.

While no amount of money can replace a lost loved one, financial recovery can provide stability during a difficult time and ensure that those responsible are held accountable.

How Long Do You Have to File a Wrongful Death Lawsuit?

Wrongful death claims must generally be filed within two years from the date of the person’s death. This time limit is called the statute of limitations.

You may lose your right to seek compensation entirely if you miss the deadline. That’s why contacting a knowledgeable attorney as soon as possible is critical. Early action can help preserve evidence, protect your rights, and establish a strong case.

Why Legal Representation Matters in a Wrongful Death Case

Wrongful death cases can be emotionally charged and legally complex. Issues of eligibility, distribution of damages, and proving liability require careful handling. Insurance companies often work to limit what they pay, and without experienced representation, families can be left at a disadvantage.

At Merrick Brock, PLLC, we offer a different approach. We are:

• Personal. You deal directly with us, not with unknown associates.
• Trial-tested. We prepare every case as if it will go to court.
• Compassionate. We listen carefully to your story and honor your loved one’s memory with serious, respectful representation.

We aim to help you move forward confidently, knowing that your legal rights are being protected.

What to Do If You Believe You Have a Wrongful Death Claim

If you lost a loved one and believe another party’s negligence was involved, here are some key steps to take:

• Contact an attorney immediately to understand your options and protect your rights;
• Preserve evidence such as accident reports, medical records, and communications with witnesses; and
• Avoid discussing the case with insurance adjusters until you have legal representation.

Navigating a wrongful death claim while grieving can be overwhelming. We are here to help shoulder the legal burden so you can focus on healing.

Talk to a Richmond Wrongful Death Attorney Today

Understanding who can file a wrongful death lawsuit is only the beginning. Pursuing justice for your loved one requires strong legal guidance, a clear strategy, and an unwavering commitment to your family’s best interests.

At Merrick Brock, PLLC, we believe in providing our clients honest answers, compassionate support, and determined advocacy. With more than two decades of experience fighting for justice for Virginians, we have the skills and resources to help you during this difficult time. If you have questions about who can pursue a wrongful death claim or what your rights are, we are here to help you find the path forward. Contact us today for a free, no-obligation consultation. 

Posted In: Wrongful Death