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Wrongful Death Cases in General

Virginia legislature enacted the Death by Wrongful Act (commonly the Wrongful Death Act), allowing the “personal representative” of the decedent to bring a claim against the alleged wrongdoer. Every wrongful death claim is subject to the Act, and it governs numerous issues, including the class of beneficiaries, the types of special damages, and the settlement of the c laim. The Act differs in many ways from the procedures and substantive law that apply in a typical personal injury claim.

Personal injury attorneys must proceed under the Act for their client as long as the alleged wrongful conduct caused the death. A plaintiff may not opt out of the Wrongful Death Act and seek damages for injuries, pain, suffering, etc. that preceded the death. It governs, as a matter of law, all claims that arise when a person is killed by wrongful conduct.

The “personal representative” of the estate brings a wrongful death claim. This could be anyone, including a lawyer, spouse, or friend of the deceased. Oftentimes, it is the spouse.

The court must approve all settlements of wrongful death claims. Even if no lawsuit is filed and the personal representative of the estate agrees to a settlement, the parties must secure court approval or the settlement is not valid.