Who Can File a Wrongful Death Case After the Loss of a Loved One?

Grieving Latino family feels bad after the loss of wife and mother. Filing a wrongful death case can help this family financially Losing a loved one due to someone else’s negligence or misconduct is devastating. In addition to the emotional toll, surviving family members are often left navigating complex legal questions, including who is eligible to file a wrongful death claim. Understanding eligibility is essential, particularly for families in Virginia and Washington, D.C., where specific laws govern these cases. Attorney James H. Shoemaker, Jr. is an experienced wrongful death attorney who can help guide you through the process.

Who Has Grounds to File in Virginia?

Virginia law outlines a clear hierarchy of individuals who can file a wrongful death claim. Typically, the right to file begins with the “statutory beneficiaries.” These include:

  • The spouse of the deceased
  • Children of the deceased, including adopted children
  • Grandchildren, if the children of the deceased are no longer living

If no surviving spouse, children, or grandchildren exist, the right to file extends to the deceased’s parents or siblings. In some cases, extended family members or dependents who relied on the deceased for financial support may also be eligible. Only one claim can be filed on behalf of all beneficiaries, and it must be initiated by the personal representative of the deceased’s estate.

Eligibility in Washington, D.C.

Washington, D.C., follows similar rules but with slight differences. The personal representative of the deceased’s estate is responsible for filing the wrongful death claim. Compensation is distributed among the surviving spouse, children, or parents. If no such family members exist, other next of kin who were financially dependent on the deceased may be eligible to receive compensation.

It is critical to note that wrongful death claims in both Virginia and D.C. must be filed within specific time limits, usually two years from the date of death. Missing this deadline can result in losing the right to pursue compensation.

What Compensation Can Beneficiaries Receive?

Wrongful death claims aim to compensate surviving family members for both economic and non-economic losses. These may include:

  • Funeral and burial expenses
  • Medical expenses incurred before the loved one’s death
  • Loss of the deceased’s income and benefits
  • Loss of companionship, guidance, and emotional support

Each case is unique, and the amount of compensation varies depending on the circumstances.

Why Legal Guidance Matters

Determining who can file a wrongful death claim can be complicated, especially when multiple family members are involved. Having experienced legal representation ensures that claims are filed correctly and that all eligible beneficiaries are accounted for.

Mr. Shoemaker understands the pain of losing a loved one, which is why he is committed to helping families seek justice. He and his dedicated legal team have extensive experience handling wrongful death cases in Virginia and D.C.

If you have questions about filing a wrongful death claim, contact us today in Newport News, VA at 757-223-4560 to schedule a consultation.

How Can We Help?

* All required fields.
Please only include non-medical responses.

Accessibility Toolbar