Can I Sue if My Family Member Died in a Car Accident in Virginia?

Posted on May 31, 2025 in Wrongful Death

Prince William County, VA wrongful death lawyer In Virginia, the surviving family members of auto accident victims can receive compensation for damages when their loved one dies as a result of another party’s negligence. This legal action is called a wrongful death claim, and every state has laws that dictate who can file the claim and collect damages. Consider how the Commonwealth of Virginia law handles these cases, and, if you have lost a loved one in a car accident, talk to a Woodbridge, VA wrongful death attorney about your right to compensation.

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This representative is typically appointed by the probate court and may be named in the decedent's will or assigned by the court if no will exists. Under Virginia Code § 8.01-50, the personal representative brings the claim on behalf of the statutory beneficiaries, which may include a surviving spouse, children, parents, siblings, or other relatives, depending on the decedent's family structure.

There is a notable exception when the deceased is a fetus. In such cases, Virginia law allows the mother to file the wrongful death action directly, even if she is not the personal representative of the fetus’s estate. This exception was clarified in Virginia Code § 8.01-50(B), which permits an action "for the death of a fetus," distinguishing it from earlier common law rules that did not recognize fetal wrongful death claims.

While the personal representative must file the claim, any compensation awarded to the beneficiaries will be distributed to family members or dependents legally permitted to recover it. The surviving spouse and children or grandchildren of the deceased are the first on the list of those able to receive damages. Without a spouse, child, or grandchild, parents and siblings can recover damages. If no such dependents exist, compensation may be awarded to any other family member who would inherit under Virginia’s intestate succession laws.

Recoverable Damages for a Wrongful Death Claim

The damages you can claim for a wrongful death case may include, but are not limited to, the following:

Loss of guidance, companionship, advice, and comfort
Mental anguish and sorrow
The cost of a reasonable funeral and burial
Loss of the protection and assistance provided by the deceased
The cost of medical bills before the deceased passed away
Wages and benefits your loved one would have likely earned if they had lived

Under certain circumstances, the court may award punitive damages. These are awarded in cases involving evidence of a conscious or reckless disregard for others’ safety. The purpose is to punish the defendant for their actions.

For example, if the driver who caused your loved one’s accident was driving under the influence of drugs or alcohol, the court may deem it appropriate to require them to pay punitive damages. Talk to your attorney about the details of your loved one’s accident to learn more about the available damages specific to your case.

Contact a Prince William County, VA Wrongful Death Attorney Today

If you lost a loved one in a car accident caused by another party’s negligence, the Woodbridge, VA wrongful death lawyer at Whitlock Law will fight tenaciously to protect your right to compensation. These cases can be overwhelming for the surviving family members, who deserve to grieve the loss without the added financial strain of handling medical and funeral costs. Call 703-576-5005 to schedule your free consultation and learn more about the recoverable damages available in your case.

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