Wrongful Death: Frequently Asked Questions

If you are going through the trauma of the death of a loved one, you may be confused about the legal options you can pursue to get the compensation to which your family is entitled if the death was the result of negligence by another.  The Alexandria wrongful death attorneys at Curcio Law can discuss the particulars of your case with you.  Below are some general answers to frequently asked questions about Virginia wrongful death law.

Who is entitled to receive compensation in a wrongful death case?
What damages can be recovered in a wrongful death case?
Is it necessary to hire an attorney in a wrongful death action?
When should I contact an attorney?

Contact us

If you have suffered the death of a loved one due to the wrongful conduct of another person, contact Curcio Law today to schedule your free initial consultation with a highly experienced Alexandria wrongful death attorney.

Who is entitled to receive compensation in a wrongful death case?

In Virginia, the surviving spouse and children of the deceased may be awarded damages.  In addition, any grandchildren of the deceased, if the parent of that child is also deceased, are eligible to receive compensation.  If there is no surviving spouse, children, or grandchildren, the parents and siblings—and any other relative who was dependent on the deceased person and lived in the same household—may receive compensation.  If there is a surviving spouse but no children, damages may be awarded to the spouse and to the parents of the deceased. The court decides the proportion of damages to be awarded to each beneficiary.

What damages can be recovered in a wrongful death case?

Damages may be awarded for the following:

• Sorrow, mental anguish, and loss of companionship suffered by the survivors
• Loss of income, services, and care that the deceased person would have provided
• Medical and other care expenses resulting from the injury that eventually led to death
• Funeral expenses
• Punitive damages in cases where the negligent party displayed willful or wanton misconduct

The type of damages that may be recovered depends on the individual circumstances of each case.  To learn more about what damages you may be eligible to recover, consult a lawyer.

Is it necessary to hire an attorney in a wrongful death action?

It is critical to have an experienced lawyer when pursuing legal action.  An attorney understands all the nuances of the legal system, and can guide you through the process, to help achieve a just and satisfactory result.  Attorneys have the resources needed to gather all relevant evidence, enlist the help of expert witnesses, and follow all the correct procedures for building a compelling case.

When should I contact an attorney?

A wrongful death case must be filed within two years of the date that the death occurred.  Moreover, evidence can be lost over time, so it is important to act quickly.  Competent and compassionate wrongful death lawyers can help you with all of the legal details during this difficult time.