Casey is a founding partner at River Run Law Group. Casey has tried numerous cases across the Commonwealth in both General District Court and Circuit Court. He has earned millions of dollars for his clients through trials, mediations, and settlements.
Losing a loved one changes everything. When that loss happens because of someone else’s actions—or their failure to act—the grief can be even harder to bear. In the middle of that heartbreak, families face questions, stress, and the painful knowledge that someone else’s actions caused the death.
In Virginia, certain situations arise repeatedly in wrongful death lawsuits. From car crashes to nursing home neglect, these are the types of wrongful death cases where surviving family members most often take legal action.
Below, we’ll cover the most common examples of wrongful death cases in Virginia, explain how they happen, and discuss what they might mean if your family is going through something similar.
Car and Truck Accidents
Car and truck crashes are the leading cause of wrongful death claims in Virginia. These tragedies frequently happen because someone was speeding, distracted, impaired, or simply not paying attention behind the wheel.
A driver might run a red light and strike someone in a crosswalk, or a commercial truck might crash into slowing traffic on I-95 because the driver was untrained or the brakes were improperly maintained. Crashes like these are deadly, and most are preventable.
Wrongful death cases after a crash focus on what went wrong, who was responsible, and how negligence caused the loss of life. Many cases also involve trucking companies, vehicle manufacturers, or maintenance providers who contributed to the failure.
Medical Malpractice
Mistakes in medical care are another common reason families file wrongful death claims in Virginia. Families bring these cases when something preventable happens during medical care, such as:
- A life-threatening condition that wasn’t diagnosed or treated in time;
- A surgical mistake, like operating on the wrong area or leaving a surgical tool behind;
- Labor and delivery errors that cause the death of a newborn or mother; or
- Anesthesia mistakes during surgery.
For example, a patient might go to the ER with symptoms of a blood clot in the lungs. If the medical team overlooks the warning signs and sends the patient home, and the person dies soon after, the family may have a wrongful death case.
Dangerous or Defective Products
Wrongful death claims sometimes involve everyday products that fail in deadly ways. Families don’t expect a car part, household appliance, or medical device to turn fatal, but product defects are a common cause of preventable deaths in Virginia.
The types of wrongful death cases involving defective products usually include:
- Car parts that fail, such as faulty airbags, brakes, or ignition systems;
- Household items that spark fires or cause fatal electrical injuries;
- Prescription drugs or medical devices with undisclosed life-threatening risks;
- Building materials prone to fires or structural failures; and
- Industrial tools that break or malfunction during normal use.
Companies have a legal responsibility to make sure their products are safe before they reach consumers. When a design flaw, manufacturing error, or lack of warning leads to a death, the company that made or sold the product can be held accountable.
For example, if a vehicle’s ignition switch fails during a crash, disables the airbags, and leads to a fatal injury, the family may have a product liability wrongful death claim. These cases center on what the manufacturer knew about the risks and what they did or didn’t do to prevent them.
Premises Liability
When property owners ignore safety hazards, everyday situations can turn deadly. Virginia law expects owners and property managers to correct dangers like broken stairs, faulty wiring, or security failures before someone gets hurt. Unfortunately, many fatal accidents occur because property owners fail to act on warnings about unsafe conditions or delay necessary maintenance.
Premises liability wrongful death cases typically involve:
- Falls from icy walkways, crumbling staircases, or uneven flooring;
- Drownings in unguarded or poorly maintained swimming pools;
- Fatal fires in apartments, hotels, or rental homes with missing smoke alarms or faulty electrical systems; and
- Assaults in parking lots, apartment complexes, or businesses where owners ignored past safety concerns.
When a property owner fails to correct a safety hazard, and someone dies, the family can file a legal claim based on what the owner should have done to prevent it. The law examines whether they knew about the risk, how much time they had to fix it, and why it was left unresolved.
Nursing Home Neglect and Abuse
Wrongful death cases in Virginia can stem from fatal mistakes in long-term care. Families trust nursing homes to keep their loved ones safe, but safety measures sometimes break down.
Residents may fall because no one is there to help them out of bed. A caregiver might overlook signs of infection until it becomes life-threatening. In other cases, nursing home staff may neglect basic care, such as providing meals, hydration, or medication, which leads to medical emergencies that should never happen.
The most common nursing home wrongful death claims include:
- Fatal falls due to lack of assistance or unsafe conditions,
- Medication mistakes that trigger severe complications,
- Bedsores that develop into life-threatening infections,
- Deaths linked to malnutrition or dehydration, and
- Abuse by caregivers or other residents.
When a nursing home resident dies in one of these situations, the family can request an outside review. This often reveals whether the facility had enough staff on duty, followed proper medical protocols, or responded when signs of distress first appeared.
For example, suppose staff leave a resident unattended for hours, and that resident develops a severe bedsore that leads to infection and death. In that case, the nursing home may be held legally responsible under Virginia’s wrongful death laws.
Talk to a Virginia Wrongful Death Lawyer Today
If you’re considering a wrongful death claim in Virginia, an attorney can help you understand your legal options and what the process may involve.
River Run Law has been recognized among the top 4% of law firms nationwide in the 15th edition of Best Law Firms®. We view that recognition as a reflection of the time, care, and attention we bring to every case.
Contact our office to speak with an attorney and schedule a free consultation.
