Virginia Beach Wrongful Death Lawyers
Losing a loved one due to someone else’s negligence is a devastating and life-altering experience. In Virginia Beach, fatalities can result from car and truck accidents, motorcycle collisions, boating accidents, slip and fall incidents, offshore and maritime incidents, and more. Families are left not only grieving but also facing financial burdens, including medical bills, funeral costs, and lost support.
Montagna Law represents families throughout Virginia Beach who have lost a loved one due to the negligence or recklessness of another party. Our Virginia Beach wrongful death lawyers provide compassionate guidance while aggressively pursuing the maximum compensation available under Virginia law, helping families protect their financial and legal rights during an exceptionally difficult time.
Understanding Wrongful Death Claims in Virginia
A wrongful death claim arises when someone dies as a result of another party’s negligent or intentional actions. In Virginia, these claims are governed by Code § 8.01-50, which allows certain family members to seek compensation for both economic and non-economic losses resulting from the death.
The person bringing the claim, known as the “personal representative,” can include a surviving spouse, children, or other close relatives. In some cases, the claim may extend to parents or siblings if the deceased had no immediate family. Virginia law also recognizes that wrongful death claims are separate from criminal proceedings, meaning a family can pursue civil compensation regardless of whether the responsible party faces criminal charges.
Common Causes of Wrongful Death in Virginia Beach
Wrongful deaths can arise in nearly any context where negligence or recklessness causes fatal injuries. In Virginia Beach, common causes include:
- Car, motorcycle, and truck accidents on major roads such as Shore Drive, I-264, and Virginia Beach Boulevard
- Boating and personal watercraft accidents on the Chesapeake Bay, Lynnhaven Inlet, and other waterways
- Slip and fall accidents in retail stores, hotels, apartment complexes, and public areas
- Construction site accidents or workplace incidents where safety regulations were ignored
In all these scenarios, the consequences are often catastrophic, leaving surviving family members with emotional trauma and financial hardships.
Establishing Liability in Wrongful Death Cases
Proving a wrongful death claim requires establishing that the death was caused by the negligence or wrongful act of another. This process typically involves:
- Investigating the accident or incident in detail
- Collecting police reports, witness statements, and expert testimony
- Obtaining medical records to establish the cause of death
- Identifying all parties who may share responsibility, including vehicle operators, property owners, employers, or manufacturers of defective equipment
Insurance companies often attempt to limit liability, dispute the cause of death, or argue contributory negligence by the decedent. Virginia follows a strict contributory negligence standard, meaning that if the deceased was even partially at fault, recovery could be barred. Experienced legal representation is crucial to counter these defenses.
Damages Available in Virginia Wrongful Death Claims
Families may be entitled to recover both economic and non-economic damages, including:
- Funeral and burial expenses
- Medical costs incurred prior to death
- Loss of financial support or benefits the deceased would have provided
- Loss of companionship, care, and guidance
- Pain and suffering endured by the deceased before death
The value of a wrongful death claim depends on the victim’s age, health, earning capacity, and the circumstances of the death. Our attorneys ensure that all potential sources of compensation are explored, including insurance policies, employer liability, and third-party claims.
Challenges in Wrongful Death Cases
Wrongful death cases are emotionally charged and legally complex. Insurance companies often employ strategies to minimize settlements, such as arguing that the deceased’s actions contributed to the accident, questioning the extent of financial losses, or offering quick, low-value settlements before families fully understand the long-term impact. Montagna Law handles all negotiations and legal proceedings, allowing families to focus on healing while we advocate for justice and fair compensation.
Frequently Asked Questions About Virginia Beach Wrongful Death Claims
Who can file a wrongful death claim in Virginia?
Typically, a spouse, children, or the personal representative of the deceased can file a claim. In some cases, parents or siblings may also have standing.
Does a criminal conviction affect a civil wrongful death claim?
No. Families can pursue a civil claim regardless of whether the responsible party is charged or convicted of a crime.
Can I recover damages if my loved one died in a car accident caused by an uninsured driver?
Yes. Uninsured and underinsured motorist coverage, as well as other insurance or liability sources, may provide compensation.
How long do I have to file a wrongful death claim in Virginia?
In most cases, the statute of limitations is two years from the date of death, though certain circumstances may affect this deadline.
Can multiple parties be held responsible for a wrongful death?
Yes. Liability can extend to multiple parties, including vehicle operators, property owners, employers, and manufacturers of defective equipment.
Speak With a Virginia Beach Wrongful Death Lawyer Today
Losing a loved one is devastating, and going through the legal process to obtain justice and compensation should not be an added burden. Montagna Law offers a free consultation to review your wrongful death case and explain your options. Our firm handles these cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
Contact Montagna Law today to speak with a Virginia Beach wrongful death lawyer who will provide personal attention, direct access to your attorney, and dedicated advocacy to protect your family’s financial and legal rights during this difficult time.