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Wrongful Death FAQ
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Wrongful Death – Frequently Asked Questions

At Weisberg & Weisberg, PLLC, we are a team of experienced lawyers adept at taking on personal injury cases ranging from motor vehicle accidents to nursing home abuse. We pride ourselves in protecting the interests of our clients while giving them a personalized service. If you have concerns regarding a potential wrongful death case, it may help you to review answers to these frequently asked questions:

Who Can File A Wrongful Death Claim?

If the person who died assigned an estate administrator or personal representative when they were living, then that is who would bring a case forward. Otherwise, the court decides who will be the decedent’s representative.

Who Collects Recovery In A Wrongful Death Suit If There Are No Children?

Absent an agreement between the survivors of the decedent, the Court will decide how to split the recovery between those survivors. A surviving spouse and children of a decedent typically have priority. If there are no such survivors, then the recovery may be split between parents, siblings, and other relatives who may have been dependent on the decedent for support.

What Damages Can I Recover In A Successful Wrongful Death Case?

In a Virginia wrongful death case, there are various damages a plaintiff can recover. Such damages may include:

  • Medical and funeral expenses, provided the medical expenses are relevant to the injury that caused the death and the funeral expenses are reasonable
  • Income losses brought on by the death
  • Loss of services or assistance
  • Punitive damages, or compensation as a consequence for the reckless action (or inaction) of the defending party
  • Mental anguish, companionship loss and sorrow

What Are Common Types Of Wrongful Death Cases?

Typically, wrongful death suits are brought on by the incidents like:

  • Car wrecks
  • Trucking accidents
  • Defective products
  • Dangerous drugs
  • Accidents at the workplace
  • Medical malpractice

How Long Do I Have To File A Wrongful Death Claim?

In Virginia, you have two years from the person’s death to bring forth a wrongful death case.

Free Consultations With Experienced Attorneys

We provide Virginians in Newport News, Suffolk and beyond with extensive representation for an array of legal needs. For a free consultation regarding wrongful death or other personal injury matters, contact our office by calling 757-659-9611 or sending us an email.


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Contact Weisberg & Weisberg, PLLC, in Newport News, to discuss your legal matter in confidence with one of our lawyers. We welcome the opportunity to serve you and your family.
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