Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
It’s heartbreaking to lose a loved one unexpectedly, especially due to someone else’s negligence. After such a loss, financial worries can add to the stress. If you’re considering a wrongful death lawsuit in Virginia, you might wonder who pays for a wrongful death lawsuit and how the associated costs will be covered.
The experienced personal injury lawyers at River Run Law know the financial aspects of wrongful death cases in Virginia, including who is responsible for the costs and where the funds may come from.
Understanding Wrongful Death Lawsuits in Virginia
Virginia law allows a claim if someone’s death is caused by another’s wrongdoing, negligence, or default. Typically, the personal representative of the deceased person’s estate submits the claim on behalf of the statutory beneficiaries.
The compensation in a wrongful death lawsuit may cover various damages, including:
- Funeral and burial expenses,
- Medical expenses related to the deceased’s final injury or illness,
- Loss of income and services provided by the deceased, and
- Pain and suffering endured by the survivors.
A knowledgeable personal injury attorney can help determine the appropriate compensation amount to adequately address the surviving family members’ losses.
Who Qualifies as a Statutory Beneficiary in Virginia?
Statutory beneficiaries defined by Virginia law include:
- The surviving spouse;
- Children of the decedent;
- Grandchildren, if a child of the decedent is deceased;
- Parents; and
- Siblings, if there’s no surviving spouse, child, or grandchild.
When there are multiple beneficiaries, they can either agree to a split or a judge can determine it for them.
Who Pays in a Wrongful Death Suit?
Depending on the circumstances, different parties may be financially responsible. The defendant—the party responsible for the death—or their insurance company will be liable if the court finds them at fault.
Virginia’s Allocation of Fault in Wrongful Death Cases
Virginia follows a contributory negligence system in wrongful death cases. In these cases, the court considers the percentage of fault each party bears. If the defendant is found more than 50% at fault, they are liable for damages proportional to their share of the blame.
If multiple parties are found partially responsible, the court assigns a percentage of fault to each and apportions the award accordingly.
However, if the decedent is found to be at fault for their death, the court may bar the estate from recovering any compensation.
Who Covers the Filing Costs in a Wrongful Death Lawsuit?
The cost of filing the lawsuit is usually the responsibility of the person initiating the lawsuit, such as the estate’s representative. These costs can include filing fees, court costs, investigator expenses, and expert witness fees.
Sources of Compensation in Wrongful Death Lawsuits
Compensation in a wrongful death lawsuit can come from several sources, including:
- The defendant’s personal assets. If insurance coverage is insufficient, you may be able to seize the defendant’s assets to satisfy the judgment.
- Settlement agreements. Many wrongful death cases are settled out of court, providing a quicker resolution and guaranteed compensation without the uncertainty of a trial.
- Structured settlements. Financial arrangements that provide periodic payments to the beneficiaries rather than a lump sum ensuring long-term economic stability.
When a defendant commits particularly egregious acts, punitive damages may be granted to discourage future instances of the same behavior.
How Much Does Insurance Pay for Wrongful Death?
Insurance payouts vary depending on policy details, the nature of the wrongful act, and the claimed damages. For example:
- Automobile insurance. If the wrongful death resulted from a car accident, the at-fault driver’s insurance policy would typically cover the damages up to the policy limits.
- Homeowners insurance. When the death occurred due to negligence on someone’s property, the property owner’s insurance might cover the claim.
- Professional liability insurance. The professional’s liability insurance would likely cover the damages if the death occurred due to professional negligence, such as professional malpractice.
A knowledgeable wrongful death lawyer can help ensure you receive just compensation and prevent the insurance company from trying to reduce your payout.
How Legal Fees Are Managed
Legal fees in a wrongful death lawsuit can be significant, but most personal injury attorneys, including those at River Run Law, operate on a contingency fee basis. Attorneys are paid a percentage of the recovery, and if you are unsuccessful in obtaining compensation, the lawyer gets nothing. This arrangement ensures that families can pursue justice without the stress of upfront legal costs.
Wrongful Death vs. Survival Actions
Wrongful death lawsuits seek compensation for the loss suffered by the decedent’s survivors. Survival actions focus on damages the deceased person experienced before passing away, such as pain and suffering. Working with an experienced attorney can help determine which applies to your circumstances.
River Run Law: Experience You Can Trust
At River Run Law, we understand the profound emotional and financial struggles associated with wrongful death. Our dedicated team has a proven track record of securing significant client settlements and verdicts.
We’ve helped families recover millions of dollars in compensation for wrongful death cases. Our firm is committed to providing compassionate and aggressive representation throughout the legal process.
Contact us today for a free consultation. We’re here to listen, guide you through your legal options, and help you find a measure of justice during this challenging time.
Where You Can Find Our Richmond Office
FAQs
How Long Does a Wrongful Death Lawsuit Take?
The length of a wrongful death lawsuit depends on the case’s complexity and the defendant’s willingness to settle. While some cases are resolved in a year, others may take longer.
What Happens If the Defendant Has No Assets or Insurance?
While this situation presents challenges, our team will explore all avenues for recovering compensation, including pursuing assets you may not know about. Additionally, Virginia allows for wrongful death claims against uninsured motorists under certain circumstances.
When Is the Deadline for Filing a Wrongful Death Lawsuit in Virginia?
Virginia has a two-year statute of limitations for wrongful death lawsuits. Therefore, you should speak with an attorney as soon as possible to ensure you meet all deadlines.
What Are the Benefits of Hiring a Wrongful Death Attorney?
An experienced wrongful death attorney can offer crucial assistance throughout the legal process. They can handle your case by investigating, gathering evidence, negotiating with insurance companies, and representing you in court. Their understanding of Virginia’s wrongful death laws and their expertise with similar cases can considerably improve your prospects of victory.
