Virginia Wrongful Death Act

Virginia Wrongful Death Act | Auto Accident Lawyers Wilson and Hajek Discuss Virginia Law

Charlottesville newspaper, radio and television news reporters have covered the recent tragic death of a teenager in Nelson County. The teenager was a passenger in a car where the driver apparently fell asleep. Even thought the youth was wearing a seatbelt, the violence of the single car accident resulted in death. The civil action concerning the death of a loved one in Virginia by a wrongful act, such as the action of the driver in this auto accident, is usually subject to the Virginia Wrongful Death Statute.

The damages that go to beneficiaries in a Virginia death by wrongful act case, such as an auto, truck, or motorcycle accident, are awarded according to Virginia statutory law. If a person is killed through no fault of their own, the following damages may be awarded by a judge or by a jury:

(1) any sorrow, mental anguish, and loss of solace suffered by the beneficiaries. Solace may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent;

(2) any reasonably expected loss in income of the decedent suffered by the beneficiaries;

(3) any reasonably expected loss of services, protection, care, and assistance which the decedent provided to the beneficiaries;

(4) any expenses for the care treatment, and hospitalization of the decedent incident to the injury resulting in his death; and

(5) reasonable funeral expenses.

In Virginia, the damages may be distributed to the spouse, the children, and children of any deceased child or decedent, or to the surviving statutory beneficiaries. The damages may be distributed among the beneficiaries in amounts set by the judge or jury.

To determine your rights under the Wrongful Death Act, call Wilson & Hajek for a free consultation. This consultation includes a discussion of your rights as a beneficiary, who is the party that can bring a wrongful death action and help with how to proceed. This is a painful time when professional advice from an accident and injury lawyer is needed and when advice is critical. You can call and talk with an experienced lawyer about the accident. Our law offices are located in Virginia Beach and Charlottesville with a toll free number (877) 222-1588 and a website at

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro


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