Wrongful Death
Wrongful Death Attorneys
Serving Virginia & West Virginia
Have you lost a loved one as the result of a Doctor’s or Hospital’s negligence?
Need a Wrongful Death Attorney?
You may ask yourself: Did my loved one’s Doctor cause their death? Did the Doctor or Nurse commit Malpractice?
Call Brown & Brown Today and discuss how with a free initial case evaluation! Â Â 1-800-417-5748
The experienced attorneys at Brown & Brown Attorneys, have the experience necessary to get you full and fair compensation!
Types of Wrongful Death Cases handled in and around Roanoke, Virginia:
- Brain injury
- Loss of vision
- IIH or Psuedo Tumor Cerebri loss of vision due to negligence
- Failure to adequately inform patient
- Failure to obtain patient consent
- Medical devices left in your body during surgery
- Failure to order timely tests
- Failure to act emergently
- Surgical Errors
- Improper medications
- Improper treatment
- Failure to refer to proper physicians
- Failure to make proper referrals
- Failure to make proper diagnosis
We can help with your Wrongful Death Case! Call Now!
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No phone call prepares you for it. One day, your family is whole, and the next, you are planning a funeral and trying to figure out how the bills get paid. When someone else’s carelessness caused that loss, the law gives your family a way to hold them accountable. That path is called a wrongful death claim.
Brown & Brown Attorneys has spent decades standing beside families in Virginia and West Virginia after a sudden loss. The same questions come up in almost every first conversation, such as how a wrongful death claim works, who has the right to file, and what compensation can actually cover.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when negligence causing death is involved. If the person had survived, they would have had a personal injury case. Because they did not, the law allows the claim to pass to their estate and family instead.
Common situations that lead to a wrongful death lawsuit include:
- Car, truck, and motorcycle crashes
- Medical malpractice, including surgical errors, misdiagnosis, and failure to order timely tests
- Improper medications or improper treatment
- Unsafe property conditions
- Workplace and construction accidents
A fatal accident claim is separate from any criminal case. Prosecutors may or may not press charges, and the outcome of a criminal trial does not decide your civil case. A wrongful death lawsuit uses a lower burden of proof, which means a family can win compensation even when no one is convicted of a crime.
Who Can File in Virginia?
Virginia law is specific here. The personal representative of the estate files the claim, but any wrongful death recovery goes to the statutory beneficiaries. The wrongful death statute puts them in order of priority:
- The surviving spouse and children (including grandchildren of a deceased child)
- If none exist, the parents and siblings of the deceased
- Other relatives who lived in the household and depended on the deceased for support
Families are sometimes surprised by this structure. A long-term partner who was never married to the deceased, for example, may not qualify as a beneficiary. A wrongful death attorney can review your situation and tell you exactly where your family stands before you commit to anything.
Don't Wait for the Deadline
Virginia gives families two years from the date of death to file a wrongful death case. West Virginia follows the same two-year window. That sounds like plenty of time. It rarely is. Evidence disappears, witnesses move, and medical records take months to gather. The earlier you get wrongful death legal help, the stronger your case will be.
What Compensation Can a Family Recover?
Wrongful death damages in Virginia fall into a few categories, and each one matters to a grieving family differently:
- Financial losses: This covers loss of financial support, meaning the income and benefits your loved one would have provided over their lifetime. It also includes the value of services they performed, from childcare to home repairs.
- Funeral and medical costs: Funeral expense compensation is recoverable, along with hospital bills tied to the fatal injury claim.
- Loss of companionship damages: Virginia allows recovery for sorrow, mental anguish, and the loss of comfort, guidance, and society. No settlement replaces a person. These damages exist because the law recognizes that the loss goes far beyond money.
- Punitive damages: When the conduct was especially reckless or deliberate, a court can order extra damages meant to punish the person responsible and discourage others from doing the same.
How the Wrongful Death Claim Process Works
Most cases follow a similar arc. Your attorney investigates the death, gathers records, and builds proof that negligence caused the loss. From there, the claim usually moves into negotiation with the insurance company. Many families reach a wrongful death settlement without ever stepping into a courtroom. When an insurer refuses to offer a fair number, the case proceeds to wrongful death litigation, and a jury decides.
Insurance companies know that grieving families want closure quickly, and early offers often reflect that. An experienced wrongful death lawyer knows what the case is actually worth and won’t let an adjuster talk the number down. We handle the insurance company so you can focus on your family.
Frequently Asked Questions
How long do you have to file a wrongful death claim in Virginia?
Two years from the date of death, in both Virginia and West Virginia. Miss that window, and the court will usually dismiss even the strongest case.
How much is a wrongful death case worth?
There is no flat number. Value depends on the deceased’s income and age, the financial support the family lost, funeral and medical costs, and the depth of the family’s loss. Two cases with similar facts can settle for very different amounts.
Who gets the money in a wrongful death settlement?
Virginia law directs it to the statutory beneficiaries, starting with the surviving spouse and children. The personal representative files the case, but the recovery belongs to the family, not the estate’s creditors.
Do most wrongful death cases go to trial?
No. The majority settle through negotiation with the insurance company. A case heads to trial when the insurer refuses to offer a fair amount, and we prepare every case as if it will.
How much does a wrongful death lawyer cost?
There is no cost to you upfront because we work on a contingency fee. We are paid a percentage only if we recover compensation for your family. The initial case evaluation is free.
Talk to Brown & Brown Before You Sign Anything
Your family has wrongful death legal rights, but those rights have deadlines and rules attached. A crash, a hospital error, an unsafe property, the cause matters less than the carelessness behind it. The attorneys at Brown & Brown can evaluate your accidental death lawsuit at no cost and explain your options.
Call 1-800-417-5748 or contact us online for a free case evaluation. We serve families throughout Virginia and West Virginia from our offices in Roanoke and Bluefield.