Virginia Wrongful Death Attorneys

Compassionate Legal Counsel & Tireless Advocacy for Your Family

The loss of a loved one is never easy to endure. Unfortunately, this feeling can be even worse when the death is caused by a negligent action or someone else’s recklessness. In legal terms, this event is called a wrongful death. Whenever someone’s death is the result of a wrongful act, neglect, or default of another party, there are certain damages that may be recoverable by the surviving family members. The statutes also outline who can bring forth a wrongful death action and what damages may be recovered.

The death of a loved one caused by someone else’s negligence is devastating for surviving family. In an instant, the survivors’ lives are drastically changed. Families are faced not only with the grief and anguish of losing someone they loved, but with the challenges of financial losses resulting from the sudden death as well.

At Breit Cantor Grana Buckner, we understand just how painful it can be to know that your loved one’s death was the result of a senseless act. Our wrongful death attorneys in Virginia are committed to securing the justice and recovery you and your family deserve. We do everything in our power to hold the negligent parties accountable so you can begin the process of moving forward with your life.

We offer compassionate, personalized legal services from experienced wrongful death lawyers and are prepared to serve as your tireless advocate throughout the legal process. Our team can handle every aspect of your case so that you can focus on healing. Don’t worry about investigation needs, trial preparation, or legal fees – you never pay anything unless we secure compensation for you.

To learn more, contact us online or by phone at (855) 212-8200 and request a free consultation today. We have offices in both Virginia Beach and Richmond with wrongful death lawyers who advocate for clients throughout Virginia.


What Is “Wrongful Death?”

In a legal sense, a “wrongful death” is any death that occurs as a direct or indirect result of negligence or wrongful action. There are countless ways in which a wrongful death may occur.

In general, any death that occurs as a result of carelessness, recklessness, or intentional actions or inactions is “wrongful.” In other words, when a person, company, or entity is negligent and this negligence leads to death, the death is considered wrongful.

For example, if a motorist is texting and driving and he or she hits another vehicle, resulting in a fatal accident, the distracted motorist may be held liable for the wrongful death of the other person or people involved in the accident. If a defective medical device causes hemorrhaging, leading to death, the designer, manufacturer, and/or distributor of the medical device may be responsible.

Wrongful deaths can happen in any kind of incident. This includes automobile crashes, motorcycle collisions, crashes with pedestrians or bicyclists, trucking collisions, workplace incidents, premises liability, nursing home abuse, and even defective products. These are all potential negligent acts and are all preventable. When an injury is enough to result in death, it is very important to make sure you understand Virginia’s statutes regarding wrongful death and what kind of action you may be able to take so you can obtain justice.

Some examples of accidents that often lead to wrongful deaths include:

Our wrongful death law firm in Richmond and Virginia Beach, handles all types of wrongful death lawsuits throughout Virginia.. Whether you need a medical malpractice wrongful death attorney or someone with experience in car accidents, Breit Cantor can help you move forward and secure your future. Our wrongful death attorneys in Virginia can help ensure the negligent party is held responsible for their actions


Building a Wrongful Death Case in Virginia

Who Can File a Wrongful Death Claim in Virginia?

In order to bring a wrongful death claim in Virginia, you must show that the death was directly or indirectly caused by the negligent, intentional, or wrongful acts of another person or entity.

In Virginia, certain surviving family members are allowed to bring a wrongful death claim. These individuals are referred to as “statutory beneficiaries,” which includes dependents of the deceased.

You may file a wrongful death claim in Virginia if you are:

  • The spouse of the deceased
  • The child or grandchild of the deceased
  • A parent or sibling who were dependent on the deceased
  • A surviving relative who shared the deceased’s household and was a dependent of the deceased
  • A surviving heir or beneficiary of the deceased’s estate

If you believe you have a wrongful death claim, reach out to Breit Cantor for a free consultation. We provide all of our services on a contingency fee basis, meaning there is no upfront cost for you and we only receive attorneys’ fees when we successfully secure compensation on your behalf.


Statute of Limitations for Wrongful Death Cases in Virginia

The statute of limitations, which is the time you have to file a wrongful death claim in Virginia, is two years from the date of death. Depending on the circumstances involved in your case, you may be able to recover compensation for various damages, including:

  • Medical expenses prior to death
  • Funeral costs
  • Loss of income / projected income
  • Loss of companionship
  • Emotional distress

You may also be able to pursue punitive damages if the negligence that caused your loved one’s death was particularly egregious in nature. Wrongful death law firms like Breit Cantor can help you evaluate the statute of limitations and the damages you’re owed.


How Much is a Wrongful Death Case Worth?

The damages recoverable in a Virginia wrongful death case are based on the losses the surviving family members have sustained by virtue of the death of their loved one. Depending on the unique factors involved in your case, you may be able to recover compensation for the cost of medical treatment incurred prior to death, funeral expenses, emotional distress, and more.

Under Virginia Code Section 8.01-52, there is a list of damages that may be recoverable by the surviving family members of the decedent in a wrongful death action. These damages may be awarded through jury verdict or in settlement with the negligent party. The jury or court may award damages as they see fit for the circumstances, relying on various considerations such as the age of the decedent, surviving family members, and lost income earning potential.

Some of the recoverable damages may include:

  • Funeral expenses (within reason)
  • Medical expenses for care, hospitalization, or treatment from date of injury to the date of death
  • Pain and suffering including mental anguish, loss of guidance or comfort, lost companionship, loss of advice, and sorrow
  • Reasonably expected loss of income, services, care, assistance, and protection

In matters when the action was willful or wanton conduct, there may be grounds for the surviving family members to recover punitive damages. For certain recoverable damages, the jury or court must specifically state the recovered damages. When it comes to funeral and medical expenses, the recoverable damages may be issued to them for the services rendered.

Wrongful death claims in Virginia are separate from any criminal proceedings that take place and work to provide surviving family members with compensation for economic and non-economic damages they have suffered. Wrongful death lawsuits can also be used to hold negligent parties accountable and ensure that similar incidents do not occur again in the future.

At Breit Cantor, our Virginia Beach and Richmond wrongful death lawyers understand that while no amount of financial compensation can undo your suffering, a wrongful death claim can provide you with a sense of justice and allow you the ability to begin the healing process.

We have helped countless individuals navigate the legal system and have successfully recovered hundreds of millions of dollars on behalf of our clients. Our award-winning attorneys are responsible for some of the largest verdicts and settlements in Virginia history.

Call (855) 936-1747 to discuss your situation with a Virginia Beach or Richmond wrongful death lawyer. All initial consultations are always completely free and confidential.

Choosing an Experienced Wrongful Death Trial Lawyer in Virginia

Since 1979, Breit Cantor Grana Buckner has been representing individuals who have been harmed by others negligent acts, including families who have lost a loved one to a wrongful death. Our Richmond wrongful death attorneys use extensive experience to guide clients through the complex legal process and towards the resolution they desire. You don’t have to worry about the legal battle. You and your family can grieve as you should and we can advocate on your behalf to seek the compensation and the justice your family deserves. 

Successfully developing and proving a case requires a wrongful death attorney in Virginia who has the experience and knowledge necessary to navigate all of the issues involved in proving both the underlying negligence action and the damages suffered by the family as a result of the wrongful death.

It is recommended that families seeking counsel for a wrongful death case select a trial lawyer who has a proven track record in successfully handling wrongful death cases—a lawyer who has demonstrated that he/she knows how to obtain a full and fair recovery for the surviving family members. Look specifically for wrongful death lawyers in Virginia who have handled similar cases before and have a strong wrongful death law firm behind them that can provide the resources your case needs.


Contact Us for a Free Consultation with a Wrongful Death Attorney in Virginia

At Breit Cantor, we know that there is nothing more difficult than losing a loved one unexpectedly; knowing that your loved one’s death could have—and should have—been prevented can make the healing process that much more difficult. We understand how powerless you may feel. However, it is important to remember that you still have rights and our team is here to remind you that you have the right to seek justice and fair recovery for your losses.

Taking legal action can help you secure the recovery you need to ease associated financial burdens and focus on healing. Our Virginia Beach and Richmond wrongful death lawyers are here to guide you through the legal process and help secure your future. We will do everything we can to ease your stress during this difficult time. Our team is committed to fighting for justice and a fair recovery on behalf of you and your family.

With a history that extends back to 1979, you can rely on the Virginia wrongful death attorneys at Breit Cantor for tough, committed advocacy. We have a reputation for success and a track record that includes over 150 individual recoveries over $1 million. This track record of relentless devotion and proven results is what sets our team apart as some of the best wrongful death lawyers in the nation.

To discuss your wrongful death suit, call (855) 212-8200 or submit an online contact form today.


Frequently Asked Questions about Wrongful Death Lawsuits in Virginia

Wrongful death lawsuit: how much money are you likely to get in a settlement?

There is no wrongful death lawsuit settlement average. The amount of money the plaintiff is awarded is based on the age of the victim, their earning potential, and other factors. At Breit Cantor, our Virginia wrongful death lawyers have recovered multiple settlements over $5 million for wrongful death lawsuits.

Who gets the money in a wrongful death lawsuit?

In most cases, the money from a wrongful death lawsuit filed in Virginia will go to the deceased individual’s estate. Depending on who filed the wrongful death claim and the nature of the case, the settlement money may also be paid to individual family members.

How are wrongful death settlements paid out?

Wrongful death settlements are paid out from insurance companies. If the wrongful death was the result of a car accident in which an individual was responsible, that individual’s insurance company will pay the settlement. If it was a commercial vehicle or trucking accident, then the organization’s insurance company will pay the wrongful death settlement. If the deceased had any debts, the wrongful death settlement may go to creditors first, then to the estate and surviving family members.

What is the statute of limitations for wrongful death?

The statute of limitations for wrongful death varies by state. In Virginia, the statute of limitations for filing a wrongful death suit is two years.

Are wrongful death settlements taxable?

No. Wrongful death settlements are not taxable in Virginia. A wrongful death attorney in Virginia can help you fully understand all the financial and legal applications of a wrongful death lawsuit.

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Experience The Breit Cantor Difference

  • Long tradition of success in court.
  • Over 300 years of combined legal experience.
  • Attorneys have been recognized among the most experienced trial lawyers in Virginia and the country.
  • Dedicated to providing our clients with the attention they deserve from start to finish.
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  • Leadership roles in the legal community.
  • Secured some of the largest settlements in Virginia history.