Fairfax Wrongful Death Attorney

Understanding Wrongful Death Claims in Virginia 

Every year, nearly 170,000 people die as a result of unintentional injuries – the third leading cause of death in the United States. About 36,000 die after falls and over 40,000 succumb to injuries sustained in motor vehicle accidents. Other leading causes of death include medical malpractice, nursing home abuse, and criminal acts. If you include injuries from intentional actions, more than 243,000 people die from injuries each year.

While some of these deaths can be addressed via workers’ compensation claims and some may not warrant civil litigation, many bereaved families choose to file wrongful death lawsuits. No amount of money can bring your loved one back, but the personal injury attorneys at Carroll & Nuttall, PLLC can help you secure the resources you need to move forward.

If your loved one has been the victim of a crime or killed in an accident, do not hesitate to contact us at (703) 952-5801 and explore your legal options with our wrongful death lawyers in Fairfax, VA.

Leading Causes of Wrongful Death

Top reasons for wrongful death lawsuits include:

In general, wrongful death cases are appropriate whenever you lose a loved one to another’s negligence. Wrongful death actions also come into play due to intentional torts and can be filed at the same time as criminal proceedings in Fairfax, VA.

In § 8.01-50 of the Code of Virginia, the Commonwealth states that wrongful death actions are appropriate “Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel.”

Our Fairfax wrongful death attorneys can help you determine whether or not you have a wrongful death case.

Eligibility to File a Wrongful Death Claim

In Virginia, wrongful death claims must be filed by one or more “statutory beneficiaries.”

Statutory beneficiaries are typically family members or dependents of the deceased and include surviving:

Any surviving family member in Fairfax who is entitled to inherit the decedent’s estate via Virginia’s intestacy laws and probate process may also be able to file a wrongful death lawsuit. That being said, surviving spouses, children, and grandchildren always have the first right to file. If there are no surviving children, parents and spouses may file together.

As with any law, there are exceptions and specifications. After a loss, our personal injury team at Carroll & Nuttall, PLLC can help you understand your legal rights.

Statute of Limitations for Wrongful Death Cases in Virginia 

The statute of limitations for wrongful death actions in Virginia is two (2) years. That means you must file a lawsuit within 2 years of your loved one’s death. If you fail to do so, you could lose your right to pursue legal action entirely.

We understand the last thing you want to do after a loss is contact a wrongful death attorney, but building a successful wrongful death case can take time, and the sooner you talk to a wrongful death lawyer, the sooner you can understand your legal rights and make whatever decision is best for you and your family.

When we know about a case sooner rather than later, we are also better equipped to gather medical records, witness statements, and any other evidence we need to strengthen your claim.