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Virginia Wrongful Death Questions & Answers

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on

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

The girl wanted her current boyfriend and ex to fight. She was warned numerous times by someone else not to drive her boyfriend to her exe's house, that someone could die. She still insisted on driving her bf to fight after the warnings. Her bf was killed in the fight. Can she be charged?... Read more »

Daniel P Leavitt answered on Mar 3, 2019

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... Read more »

1 Answer | Asked in Wrongful Death for Virginia on

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

Peter N. Munsing answered on Jul 25, 2018

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.

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on

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

the funeral home is holding remains hostage until its paid but they did not tell us he would not be creamated until it was paid and its been almost 2 months

Peter N. Munsing answered on Feb 11, 2018

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."

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1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on

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

Details about the case won't be released to me, because it has to do with the murderer and not the victim. Can I take this to court and have all evidence and case info released to me? Also would I be able to sue the state for wrongful death?

Mr. Beau Correll answered on Jan 7, 2018

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.

3 Answers | Asked in Personal Injury and Wrongful Death for Virginia on

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

The driver at fault also died and was in a company owned vehicle. Should I wait till their insurance offers a settlement before hiring an attorney. I'm my aunt's beneficiary. She had no children and was widowed

David Alan Wolf answered on Jan 5, 2018

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... Read more »

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1 Answer | Asked in Wrongful Death for Virginia on

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

O was contacted 20 minsbefore hearing which i was unable to make it in time. My stepmother lied and i revieved nothing

Jan F Hoen answered on Sep 25, 2017

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...
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1 Answer | Asked in Wrongful Death for Virginia on

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

Mother for my fathers death. I did not have a close relationship with my father. My step mother is discouraging me from attending the hearing. What can I expect if i go to the hearing?

Peter N. Munsing answered on May 23, 2017

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!

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Virginia on

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

She was healthy and non aggressive..theylied to me because would have never left her to be killed..I am in depression state and seeing a psych doctor.cant sleep or eat

Peter N. Munsing answered on Mar 11, 2017

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"... Read more »

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1 Answer | Asked in Wrongful Death for Virginia on

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

My brother committed suicide in California where he resided. His "fiancé" knew he was suicidal as he had attempted before and he told her he was going to kill himself for the 17 hours prior to his death. She had a duty of care to him, his suicide was foreseeable and she was listed on his... Read more »

Peter N. Munsing answered on Sep 22, 2016

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...
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1 Answer | Asked in Wrongful Death for Virginia on

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

Died 5 days after we were called. Did not Know he was there. Was denied being with him the day he died. Found out through medical records that the jail had broken his ribs.Do I have a wrongful death case?

Gary D. Godman answered on May 7, 2016

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... Read more »

2 Answers | Asked in Wrongful Death for Virginia on

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

My nephew shot and killed my sister and my niece was there too he was 18 she was 24. They were having an argument with my sister who was 46 when the shooting accord. A jury trial is October 29 and 30. I have been through check and back with this and have been struggling with PTSD because of this.... Read more »

Adam Studnicki answered on Nov 16, 2015

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...
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1 Answer | Asked in Wrongful Death for Virginia on

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?

She was not eligible for a learners permit. She was killed in the accident. The step mother was the only person above the age of 18. There were 3 children under the age of 12. What kind of suits can I file?

Adam Studnicki answered on Aug 9, 2015

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...
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2 Answers | Asked in Wrongful Death for Virginia on

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

I'm under age my mother passed in a wreck with a drunk driver. I'm not sure if my family filed or not.

Thomas H. Roberts Esq answered on Dec 15, 2014

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...
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2 Answers | Asked in Wrongful Death for Virginia on

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

Paul A. Prados answered on Jan 23, 2011

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... Read more »

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1 Answer | Asked in Wrongful Death for Virginia on

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

Paul A. Prados answered on Jan 21, 2011

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...
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