Justice After Tragedy: Wrongful Death Representation From A Skilled Legal Team

Losing a loved one is always devastating. When that loss is caused by someone else’s negligence or misconduct, the loss is heightened by intense feelings of anger, confusion and a deep sense of injustice. In these moments, families deserve answers. They deserve accountability, compensation and robust legal support.

At Dickerson & Smith Law Group, we help families in Virginia Beach, Norfolk, Chesapeake and throughout the region pursue justice through wrongful death claims. With over 100 years of combined experience, our lawyers are well-versed in the nuances of wrongful death law in Virginia. Our team is committed to guiding you through this difficult time with compassion, clarity and strength.

What Is Wrongful Death?

A wrongful death is a loss of life that happens as the result of another party’s negligence, recklessness or intentional actions. This can include everything from a distracted driver causing a fatal crash to a medical provider failing to promptly diagnose and treat a life-threatening condition.

In legal terms, a wrongful death claim is a civil lawsuit brought by the deceased person’s family or estate against the responsible party. The goal is to recover compensation for the financial and emotional losses caused by the death.

Who Can File A Wrongful Death Claim In Virginia?

Virginia law outlines specific rules about who can file a wrongful death lawsuit. The following individuals may be eligible:

• The surviving spouse
• The children of the deceased
• The grandchildren of any deceased child
• The parents of the deceased (if they were financially or physically dependent on the decedent)
• Siblings or other relatives who lived with and depended on the deceased

These individuals are collectively referred to as surviving family members, and they may be entitled to damages such as lost income, funeral expenses and emotional suffering.

What Is The Statute Of Limitations For Wrongful Death In Virginia?

Under state law, a wrongful death claim must be filed within two years of the date of death. Failing to file within this time frame can result in the case being dismissed, regardless of its merits.

Because this deadline is strict, it’s critical to speak with a wrongful death attorney as soon as possible to preserve your rights and begin building your case.

Common Causes Of Wrongful Death

Tragically, wrongful death can occur in many everyday situations. Some of the most common causes include:

• Motor vehicle accidents: Car, truck and motorcycle crashes are among the leading causes of wrongful death in Virginia. These cases often involve distracted driving, speeding, drunk driving or failure to obey traffic laws.
• Medical malpractice: When doctors, nurses, hospitals or other health care providers fail to meet the appropriate standard of care, the results can be fatal. Examples include surgical errors, misdiagnosis, medication mistakes and birth injuries.
• Workplace accidents: Construction sites, factories and other high-risk workplaces involve many hazards that may be deadly. 
• Defective products: Manufacturers have certain responsibilities with regard to product safety. If a defective vehicle, appliance or medication causes a fatal injury, the company may be held accountable.
• Premises liability: Property owners must maintain safe environments. Fatal slip-and-fall accidents, drownings or structural collapses may lead to wrongful death lawsuits if negligence is involved.

Each of these scenarios can leave families devastated and searching for answers. Pursuing a wrongful death claim not only provides financial relief but also holds negligent parties accountable. Our attorneys can help you pursue the answers and compensation your loved one would have wanted for you.

Frequently Asked Questions

Wrongful death claims can be emotionally and legally complex. Families often have many questions about their rights, the legal process and what to expect. Below are answers to some of the most common questions we hear from surviving family members in the aftermath of a tragic loss.

How often do wrongful death suits go to trial?

Most wrongful death claims are resolved through settlement negotiations before reaching trial. However, if the responsible party refuses to accept liability or offer fair compensation, we are fully prepared to take your case to court. Our team has extensive trial experience and will fight for your family every step of the way.

What is an example of a wrongful death claim?

A common example would be a fatal car accident caused by a drunk driver. If the deceased would have had grounds for a personal injury lawsuit had they survived, their family can pursue a wrongful death lawsuit to seek compensation for funeral costs, lost income and other damages.

What happens if you lose a wrongful death lawsuit?

If a wrongful death attorney is unable to prove liability or damages, the court may rule in favor of the defendant. In that case, no compensation is awarded. However, we work diligently to build strong, evidence-based cases and explore all legal options to maximize your chances of success.

Why Choose Us For Your Wrongful Death Claim?

At our firm, you don’t just get one wrongful death lawyer – you get an entire team of legal professionals dedicated to your case. We understand the emotional and financial toll these cases take on surviving family members. We’re here to guide you through the legal process with confidence and care.

Our approach is personal, strategic and results-driven. We take the time to listen to your story, explain your rights and develop a plan tailored to your situation. Whether your case involves a tragic accident, medical error or workplace incident, you can count on us to stand by your side and fight for justice.

Take The First Step Toward Justice

If you’ve lost a loved one due to someone else’s negligence, please don’t wait to seek legal guidance. We can explain your options and help you pursue the compensation and accountability your family deserves.

Contact us today to schedule a free consultation with an experienced wrongful death attorney. You can also reach us by phone at 757-828-0031.