Wrongful Death
Richmond attorney Wayne O'Bryan has over 40 years experience to help answer your most pressing questions.
What is the statute of limitations for wrongful death in Virginia?
+Usually two years, but like all statute of limitations there are variations which can increase or decrease the time frame. You need to check with a lawyer for a specific case.
What can I do if my loved one was killed in an accident or wreck that was not their fault?
+Many people die in accidents every year. This is especially bad in motorcycle wrecks and there have been a lot of pedestrians hit and killed recently.
In cases like these, a family member may be able to file a claim for wrongful death depending on how the accident happened. If you have lost a loved one because of somebody else’s negligence or recklessness, then you should get a good lawyer as soon as possible. There is usually a statute of limitation that must be considered, and if you wait too long, you may ruin your case and get nothing.
Get more information about Virginia wrongful death law or Virginia wrongful death attorneys visit our wrongful death and fatal accidents information page.
What is the difference between wrongful death and medical malpractice?
+Malpractice is basically a type of negligence and wrongful death is a type of damages.
Medical malpractice happens when a doctor doesn’t treat his patient in a correcttly for a medical problem, either through doing the wrong type of treatment or not doing any appropriate treatment and this causes the injury or death of the patient.
Wrongful death can be caused by medical malpractice or many other things as well.
It is possible to have a medical malpractice wrongful death case, but not every medical malpractice case is a wrongful death case and not every wrongful death case is a medical malpractice case.
In other words, medical malpractice can cause a wrongful death, but they are two seperate terms.
What if a person dies before filing a lawsuit?
+Dealing with a family member or loved one who has been seriously injured in an accident can be heartbreaking and traumatic.
All you are thinking about is taking care of that person and hoping that they get better, so when they die you’re left wondering what kind of recourse you have to help pay for the thousands of dollars in medical bills that have accumulated. On top of that, if the person who died was the one paying the mortgage or household costs, this can add even more financial stress for his/her dependents.
If a person in Virginia dies before filing a lawsuit, damages for the wrongful death case could go to the following people according to Virginia Code § 8.01-53:
1. The surviving spouse, children of the deceased, and children of any deceased child of the deceased.
2. Parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent.
3. If the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and/or parents.
A wrongful death claim is one in which the death of a person is caused by another person’s negligence. If the deceased contributed to his/her own death, there is a chance that the claim may not go through, however, ultimately that is up to the jury to decide.
Virginia is one of a few states that follows the contributory negligence doctrine which says that if the person who is injured contributed to the accident, he/she cannot seek damages. A defendant will often attempt to show contributory negligence, so this is where working with an experienced Virginia wrongful death attorney can help.
Has a relative or loved one died in an accident? We understand how this can be a hard time for you. At O’Bryan Law we are here to help take care of the details so that you can take the time to recover and heal. We can help determine what compensation or damages you are entitled to and take care of all the legal issues associated with a wrongful death case, which can often be confusing and complex.