Losing a loved one is one of the most painful experiences that anyone can endure, especially when their death was caused by someone else’s negligence or wrongful actions. As a wrongful death law firm that has been serving residents of Virginia Beach and the surrounding communities for decades, we understand the emotional toll and financial burdens families face during such difficult times. Our Virginia Beach wrongful death lawyers are here to seek the financial compensation to which you and your family may be entitled with compassion and determination.
We represent families in wrongful death claims throughout Virginia Beach, the surrounding communities, and Northern North Carolina. We work tirelessly to develop the cases of our clients with the goal of holding accountable all parties responsible for the loss of a loved one.
If you’re looking for the best wrongful death lawyer for your case, we invite you to contact us at (833) 997-1774 for a free consultation and case evaluation to learn about the compensation to which you and your family may be entitled.
Why Choose The Wrongful Death Attorneys at Shapiro, Washburn & Sharp for a Virginia Beach Wrongful Death Case?
Richard Shapiro, Eric Washburn, Kevin Sharp, Jim St. Clair, and Andrew Stover are Virginia Beach personal injury attorneys known for their legal advocacy, relentless determination, and passion. They are each ready and able to handle personal injury cases on a contingency basis in Virginia Beach, no matter the stakes.
When dealing with a wrongful death case, it’s crucial to have attorneys who understand the complexities of Virginia wrongful death laws and the strategies defendants and their insurance companies employ to minimize payouts. Here’s why families trust us:
- Proven Track Record: We have secured over $100 million in verdicts and settlements for our clients, including multi-million-dollar wrongful death claims.
- Extensive Experience: With more than 100 years of combined legal experience, our Virginia Beach wrongful death attorneys have successfully represented countless families in their time of need.
- Personalized Attention: We treat every client like family, and we will ensure that you are supported every step of the way.
- Contingency Fee Basis: You don’t pay any legal fees unless we recover compensation on your behalf. We also advance all litigation costs (which are normally repaid through a settlement or verdict). As a result, you will not need to pay any fees or costs while your case is ongoing.
Wrongful Death Case Outcomes
While no guarantee can ever be made of a successful outcome in any litigation matter, we have a strong record of achieving successful outcomes for many of our clients, including:
- $3.5 Million Settlement for I-64 Big Rig Accident
- Car Hit by Tractor Trailer Leads to Loss of Life, $2.4 Million Wrongful Death Settlement
- Collision Kills Moped Rider, Results in $400,000 Settlement
Virginia Beach Wrongful Death Resources and FAQs
If you are facing the loss of a family member due to the wrongful actions or negligence of another person or entity, we understand that you likely will have many questions about your right to pursue compensation for your loss. We have created the following content and FAQs below that address a number of common concerns and questions that clients have concerning wrongful death matters.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another individual, business, or entity. In Virginia, these claims are governed by Va. Code § 8.01-50, which allows the personal representative of the deceased’s estate to file a lawsuit on behalf of the surviving family members.
Some family members contact us and ask if a wrongful death action can seek compensation, even if a criminal action is pending through the prosecutor’s office. Yes, civil wrongful death actions may be pursued independently of a criminal action, even if that action may seek criminal “restitution.” Our wrongful death attorneys can explain and help your family move forward with the civil wrongful death case, as prosecutors cannot and do no handle such civil matters.
A wrongful death lawsuit seeks to recover compensation for the financial and emotional losses suffered by the deceased’s loved ones.
What Is the Difference Between a Wrongful Death and a Survival Action in Virginia?
In Virginia, families dealing with the loss of a loved one due to negligence or reckless conduct may hear the terms wrongful death claim and survival action. While both legal claims can arise from the same incident, they serve different purposes and provide distinct forms of compensation.
- Wrongful Death Claim: A wrongful death claim seeks compensation for the losses suffered by the deceased’s surviving family members. This includes the deceased person’s medical expenses and their funeral expenses, loss of companionship, loss of financial support, and emotional distress. In most circumstances, a wrongful death claim in Virginia must be filed by the personal representative of the decedent’s estate.
- Survival Action: A survival action focuses on the damages the deceased person would have been entitled to for all personal injuries damages prior to their death only. This may include compensation for medical bills, pain and suffering endured before death, and lost wages up to the time of death. These damages are typically awarded to the deceased’s estate.
A critical difference between these two claims is that the pain and suffering experienced by the decedent can be recovered in a survival action but not in a wrongful death claim. Additionally, Viriginia law is complicated about whether a wrongful death and/or survival action can be brought if the death was clearly caused by the negligence of a responsible party. Suffice it to say, we can pursue both a survival and a wrongful death claim, but the Courts will make us elect which to pursue to a jury verdict.
As experienced Virginia Beach wrongful death attorneys, we can explain how these matters will impact the case for your loved one.
How Do You Prove Negligence in a Virginia Wrongful Death Case?
Proving negligence in a wrongful death claim requires demonstrating the following elements:
- Duty of Care: The at-fault party owed your loved one a legal duty to act reasonably and prevent harm.
- Breach of Duty: The at-fault party failed to meet this duty through careless, reckless, or intentional actions.
- Causation: The breach of duty directly caused your loved one’s death.
- Damages: The death resulted in financial and emotional losses to the surviving family members.
For example, if a distracted driver caused a fatal car accident, their failure to pay attention to the road would constitute a breach of their duty of care. If your loved one died as a result of a crash that occurred as the result of the failure to pay attention, then the causation element would be met. The last item – Damages – would then be proven by taking into account matters including lost wages, emotional contribution to a family, property damage, medical expenses, and certain other matters.
How Will A Virginia Beach Wrongful Death Attorney Help Your Claim?
Wrongful death claims in Virginia Beach must be handled with the utmost care and dedication, as there will be only one opportunity to get full compensation. As experienced Virginia Beach wrongful death attorneys, we handle every aspect of these claims on behalf of grieving family members.
This complex process will include:
- Conducting Thorough Investigations: Gathering evidence such as accident reports, medical records, and witness statements to establish liability.
- Identifying Liable Parties: Determining all parties responsible for your loved one’s death, including individuals, businesses, or manufacturers and (in some instances) even governmental entities.
- Retaining Experts: Working with medical, financial, and economic experts to assess the value of your claim.
- Negotiating With Insurance Companies: Pursuing full and fair compensation for your family.
- Taking the Case to Trial: If a fair settlement cannot be reached, we are prepared to take your case to court. Your wrongful death attorney’s experience level is critical on cases with many stumbling blocks like in death cases, so contact us early for our legal advice.
Who Can File a Wrongful Death Case in Virginia Beach?
Virginia state law (Va. Code § 8.01-50) provides that wrongful death lawsuits can be brought when a death is caused by the “wrongful act, neglect, or default” of another individual, business, or entity. In Virginia, the circumstances of the death must be so that the deceased would have been able to pursue a personal injury claim against the alleged negligent party had they lived. Because the injury victim is no longer able to file a claim on their own, another individual will have to step in and file the claim.
Unlike in other some states where the surviving family members of the deceased are allowed to file wrongful death claims directly, in Virginia a wrongful death action usually must be filed by the personal representative of the deceased’s estate. The only exception to this requirement is when a fetus dies due to a wrongful act of another (in which case the mother is allowed to file a wrongful death claim or, if the mother also dies, then by certain other persons as noted in the statute). Even though a personal representative is responsible for filing the wrongful death claim in Virginia, any damages awarded will go directly to the deceased’s beneficiaries as provided in the wrongful death statute. That means, the representative is not compensated for serving, but may be also a beneficiary and the beneficiaries all have rights to share in the recovery if and when the case is settled, or in cases of a verdict, based on how the jury divides the money amongst the beneficiaries.
How Are Wrongful Death Proceeds Distributed in Virginia?
Virginia law specifies how wrongful death proceeds are distributed among eligible statutory beneficiaries after expenses such as medical and funeral costs are paid. The distribution depends on the family members surviving the deceased, as well as in some instances if other family members (such as parents) were relying upon the financial contributions of the deceased within twelve months of the death of the deceased.
In general, wrongful death distributions in Virginia are made:
(i) first to the spouse and children (or to the grandchildren of any children who have previously died) of the deceased, and possibly also to the parents of the deceased if the parents have been relying upon the financial support of the deceased for household necessities and care withing twelve months of the death of the deceased;
(ii) if there is no surviving spouse, children, or grandchildren of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and who is also a member of the same household as the decedent; or
(iii) 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 such parent or parents.
There are additional provisions in the statute that provide for distributions in certain other conditions.
Because the wrongful death distribution statute is complex and the exact distributions in any case will be fact-specific, it is important to contact a Virginia Beach wrongful death lawyer to learn who will be entitled to wrongful death proceeds in a given matter.
What Are The Most Common Types Of Wrongful Death Cases in Virginia Beach?
As Virginia Beach wrongful death lawyers, we have extensive experience helping family members and estates of those who have lost a loved one. While a wrongful death can occur in many different ways, the most frequent causes of wrongful death involve:
- Car accidents
- Commercial truck accidents
- Bus accidents
- Railroad accidents
- Pedestrian accidents
- Bicycle accidents
- Electrocution
- Defective medications
- Faulty medical devices
- Medical Malpractice
- Nursing home abuse
- Boat or watercraft incidents
- Workplace accidents
- Motorcycle accidents
What Compensation Is Available In a Virginia Beach Wrongful Death Case?
As the family member or spouse of someone who was killed in an accident that wasn’t their fault, you are entitled to monetary compensation for the loss you’ve suffered. This could include:
- Economic Damages:
- Funeral and burial expenses
- Medical bills incurred before the death
- Loss of income
- Non-Economic Damages:
- Loss of companionship, guidance, and emotional support
- Loss of care, comfort, and protection for the family
- Punitive Damages: In cases involving willful misconduct or extreme negligence, punitive damages may be awarded to punish the at-fault party.
Our wrongful death attorneys in Virginia Beach work diligently to maximize the compensation available to your family. After learning about the facts of your case, we can explain the types of compensation to which you may be entitled.
How Much Does It Cost to Hire a Virginia Beach Wrongful Death Lawyer?
At Shapiro, Washburn & Sharp, we understand that families dealing with the loss of a loved one due to wrongful death are already facing significant emotional and financial challenges. That’s why we represent clients on a contingency fee basis, meaning you pay nothing upfront. You only pay legal fees if we successfully recover compensation for you.
What Is a Contingency Fee?
A contingency fee arrangement allows you to hire legal representation without worrying about hourly fees or upfront costs. Our legal fees are a percentage of the compensation we recover on your behalf, whether through a settlement or trial verdict. This ensures that our interests are fully aligned with yours—we only get paid when you win.
Do You Advance Litigation Costs in Wrongful Death Cases?
Yes, in addition to working on a contingency fee basis, we advance all litigation expenses necessary to build a strong wrongful death case. These expenses may include:
- Court filing fees
- Expert witness fees
- Costs for obtaining medical records, accident reports, and other evidence
- Deposition and trial preparation expenses
These costs are typically fully covered by a settlement or jury award, and are advanced by our firm, but repaid from the settlement or verdict to our law firm.
Why Is a Wrongful Death Contingency Fee Beneficial?
A contingency fee structure offers several advantages:
- No Financial Risk: You don’t have to worry about the cost of pursuing justice, even if your financial situation is strained after the loss of your loved one.
- Accessible Legal Help: It allows families of all financial backgrounds to access high-quality legal representation.
- Motivated Representation: Since our payment depends on the success of your case, we are motivated to fight aggressively for the maximum compensation you deserve.
What Should I Expect in a Free Consultation?
We offer a free, no-obligation consultation to discuss your case. During this meeting, we will:
- Review the details of your loved one’s death
- Explain the legal process and your rights under Virginia law
- Outline what to expect during the case
- Answer any questions you may have
This consultation is an opportunity to determine whether we are the right fit for your family’s legal needs—without any pressure or commitment.
Is My Wrongful Death Claim A Criminal Case?
It is not uncommon for there to be criminal charges filed against a person responsible for the death of someone else, such as drunk driving cases. We need to distinguish between criminal charges filed against an individual and civil wrongful death claims. These are two separate actions. Law enforcement officials and prosecutors are responsible for filing criminal charges against a person responsible for the death of another. A wrongful death claim can be filed in civil court regardless of whether the person responsible for the death faces criminal charges.
Additionally, even if a person is found not guilty in a criminal court for a death, they could still be held accountable for the death in civil court through a wrongful death claim.
“I used this law firm for my personal injury case. Rick Shapiro and Paula were wonderful to work with. They showed me compassion and concern for my situation and worked hard on my behalf to see that I was compensated fairly for my injuries. I highly recommend them. They will fight for you to ensure a successful result! You will be extremely happy you chose them.”
What Is The Time Limit for Filing a Wrongful Death Claim in Virginia?
The Virginia wrongful death statute of limitations is two years from the date an injury occurs.
If these claims are not filed within this two-year timeframe, beneficiaries and estates of the deceased will likely not be able to recover compensation for their losses. As there are various exceptions in place related to these claims, we strongly encourage you to contact a Virginia Beach wrongful death attorney who can examine your claim and determine the best steps moving forward, and whether there is any way to file a claim after the normal two year limitation time frame.
Schedule A Free Consultation With An Experienced Virginia Beach Wrongful Death Lawyer.
We understand that no amount of financial compensation will reverse what happened, but a wrongful death claim can help bring closure for you and your loved ones.
If you’ve lost a loved one due to someone else’s negligence, don’t let concerns about legal fees prevent you from seeking justice. At Shapiro, Washburn & Sharp, we are committed to providing compassionate and effective representation without adding to your financial stress. As wrongful death attorneys with decades of experienced, we handle complex wrongful death claims throughout the Commonwealth of Virginia, and we want to make sure that you recover the compensation that you are entitled to for your loss.
Call us today at (833) 997-1774 or fill out our online contact form to schedule your free consultation. Let us handle the legal complexities while you focus on healing and honoring your loved one’s memory.