Virginia Wrongful Death Questions & Answers

Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.

Q: Can I bring a wrongful death action based on the death of an unborn child?

1 Answer | Asked in Wrongful Death for Virginia on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Depends upon how the death occurred. Why not contact a member of the Va. Trial Lawyers Assn for the county where this happened--they give free cosultations.

Q: can a funeral director hold your loved one hostage for payment when you are paying on it

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Answered on Feb 11, 2018
Peter N. Munsing's answer
Sounds like a violation of law. Contact a member of the Va. Trial Lawyers Assn as there may be a claim for "misuse of a corpse."

Q: My birthfather was murdered almost a year ago by his fiance, who then killed herself before justice could be served.

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
I'm very sorry for your loss. You need to consult with an experienced personal injury lawyer, if you are seeking to find alternative theories of liability.

Q: My aunt was killed in a car wreck in Virginia. It was the other drivers fault.

3 Answers | Asked in Personal Injury and Wrongful Death for Virginia on
Answered on Jan 5, 2018
David Alan Wolf's answer
Wrongful death cases can be quite complicated. An estate will need to be set up. You should at least schedule a free consultation with a local personal injury attorney to discuss the law and the applicable legal rights. Insurance companies are well represented by attorneys, investigators, and adjusters. You should have an advocate on your side in the form of a personal injury attorney to look after your best interest. Sorry for your loss and good luck.

Q: How can I be able to contest the dividing the settlement between only my step mother and uncle ,because the only child

1 Answer | Asked in Wrongful Death for Virginia on
Answered on Sep 25, 2017
Jan F Hoen's answer
Statutory beneficiaries are the only persons who are eligible to receive a share.

Your statement provides little in the way of helpful information to determine if you are one or not.

Consult a local attorney to see if you were eligible for a statutory share and how to go about contesting the award.

Q: I have received notice that I am able to claim a portion of a wrongful death settlement. The suit was filed my my step

1 Answer | Asked in Wrongful Death for Virginia on
Answered on May 23, 2017
Peter N. Munsing's answer
You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!

Q: Ok I surrendered my dog to shelter was told dog would try to be adopted out but in 1 hr they killed my .can I sue

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Virginia on
Answered on Mar 11, 2017
Peter N. Munsing's answer
It would be a difficult case--much would depend on what you signed. However I would check with a member of the Va. Trial Lawyers Assn--they give free consults. The law generally places little value on the life of pets, and little value on their meaning to the owner, and finally "emotional distress" is rarely given. But get a free consult.

Q: Can I file a wrongful death suit in VA against someone who lives in CA where death occurred?

1 Answer | Asked in Wrongful Death for Virginia on
Answered on Sep 22, 2016
Peter N. Munsing's answer
You have a brutal situation, and I apologize for having to treat this in a cut and dried manner. First, it may possibly be a police matter. If you know the insurer you would want to advise them that there is a question as to the beneficiary's right to claim.

If there is a will and other property it needs to be probated, out there.

Any wrongful death or similar claim would have to be filed in California--Virginia has no jurisdiction over her as she lives in California, the...

Q: My brother was in jail. On day 5 taken to hospital. Family was not notified.On life support twice. shocked back once.

1 Answer | Asked in Wrongful Death for Virginia on
Answered on May 7, 2016
Gary D. Godman's answer
Impossible to say without a more in-depth review of the facts, including whether the inmate had an underlying medical condition. Consult a wrongful death / civil litigation attorney either through this website or other internet searches. Broken ribs could have been caused by attempted resuscitation, and don't necessarily mean anything sinister. However, to protect your rights, consult with an attorney. Good luck, and sorry for your loss.

Q: My sister was killed by her son and her daughter was in there too. They were all having an argument can I sue?

2 Answers | Asked in Wrongful Death for Virginia on
Answered on Nov 16, 2015
Adam Studnicki's answer
A local lawyer can advise. Issues to figure out are whether you can recover under VA law and whether any judgement would be collectible.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: Can I file a wrongful death suit against the step mother of a 15 year old girl that was driving a vehicle on a state rd?

1 Answer | Asked in Wrongful Death for Virginia on
Answered on Aug 9, 2015
Adam Studnicki's answer
A local injury lawyer can advise of your rights and options, as well as who can sue under Virginia law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: What is the amount of time till you can file wrongful death in virginia?

2 Answers | Asked in Wrongful Death for Virginia on
Answered on Dec 15, 2014
Thomas H. Roberts Esq's answer
When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

Q: For what reason could a person not have a wrongful death tried in a federal court?

2 Answers | Asked in Wrongful Death for Virginia on
Answered on Jan 23, 2011
Paul A. Prados' answer
Most wrongful death cases are litigated in state courts. Only under certain less common factual scenarios will a wrongful death case be heard in federal court. A person with a wrongful death action needs to speak with an attorney not only regarding the wrongful death action, but to make sure they have followed the proper procedures to act on behalf of the deceased in bringing the wrongful death action.

Q: If I am named a statutory beneficiary on a wrongful deayh suit, that I hadnot known about for years, that is ongoing in

1 Answer | Asked in Wrongful Death for Virginia on
Answered on Jan 21, 2011
Paul A. Prados' answer
If you are asking "what is going in," here is the likely answer:

There is wrongful death lawsuit being brought by the estate of the deceased. There is a basis for you to receive some or all of the proceeds from the lawsuit if the lawsuit is successful. The Executor/Personal representative for the Estate represents your interests to some extent but is not your attorney. The attorney for the estate is not your attorney. You may obtain counsel for yourself, or wait and see what...

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