Wrongful Death Lawyer in Portsmouth, VA

Losing a family member because of someone else’s negligence or wrongdoing is one of the hardest things anyone can face, and dealing with a legal claim in the middle of that grief can feel impossible. Levin & Levin, P.C. represents families throughout Portsmouth and the Hampton Roads area in wrongful death claims, and we handle the legal process with the care and directness your family deserves during an already difficult time.

Under Virginia law, a wrongful death claim arises when a death is caused by the wrongful act, neglect, or default of another person or entity, under circumstances that would have entitled the injured person to bring a personal injury claim had they survived. This covers a wide range of situations, including:

• Fatal auto accidents, including car, truck, and motorcycle wrecks
• Fatal pedestrian and bicycle accidents, where a driver failed to yield or watch for someone on foot or on a bike
• Fatal falls or premises liability incidents, such as a fatal fall caused by a hazardous condition
• Fatal medical malpractice, where a healthcare provider’s negligence caused a patient’s death

Virginia law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate, not directly by a surviving family member. This individual is usually named in the deceased’s will, or appointed by the court when no will exists. While the personal representative is the one who files suit, any damages recovered go to the deceased’s statutory beneficiaries, generally starting with a surviving spouse and children, and extending to parents and other family members when no spouse or children survive.

If your loved one didn’t have a will naming a personal representative, an attorney can help guide your family through the process of having the court appoint one so the claim can move forward.

Virginia wrongful death damages focus on how the death has affected surviving family members, not on the deceased person’s own pain and suffering before death. Recoverable damages can include:

• Sorrow, mental anguish, and loss of companionship, guidance, and care for surviving family members
• Loss of income and services the deceased would have provided to the family
• Funeral and medical expenses related to the fatal injury
• Loss of the deceased’s care, protection, and society for a surviving spouse and children
• Punitive damages in cases involving especially reckless or intentional conduct, which are capped under Virginia law regardless of how egregious the conduct was

Virginia generally requires a wrongful death claim to be filed within two years of the date of death, not the date of the underlying accident if the two dates differ. This deadline is strictly enforced, and missing it typically ends any chance of holding the responsible party accountable, no matter how clear their fault might be. Given how much needs to happen before a personal representative can even be appointed in some cases, it’s important not to wait to speak with an attorney.

Wrongful death claims remain subject to Virginia’s pure contributory negligence rule. If the deceased is found to have contributed even slightly to the accident that caused their death, it can bar the family’s right to recover anything at all. Defense attorneys and insurance companies are often aggressive about raising this argument in fatal accident cases, which makes a thorough, independent investigation of what actually happened especially important.

In the middle of grief, it can be hard to think about legal deadlines and evidence, but a few early steps can make a real difference to your family’s case. If possible, preserve any evidence related to the accident, request a copy of the police report or incident report, and hold onto medical records, funeral expenses, and any documentation of your loved one’s income and role in the family. An attorney can help gather much of this on your family’s behalf so you don’t have to do it alone.

It’s also worth speaking with an attorney before agreeing to any settlement offer from an insurance company, even one that seems generous. Early offers are often far less than a wrongful death claim is actually worth, and once a settlement is accepted, your family typically can’t go back and ask for more later.

When more than one statutory beneficiary survives, such as a spouse and adult children from a prior relationship, questions can arise about how any recovery should be allocated among them. Virginia law provides a framework for this, but disagreements among family members about the distribution of a wrongful death recovery aren’t unusual, particularly in blended families. An attorney can help your family understand how a recovery would likely be distributed before those questions become a source of additional conflict during an already painful time.

Our attorneys bring more than 60 years of combined courtroom experience to wrongful death cases, and we understand how much is at stake for the families we represent, both financially and emotionally. We handle the legal process with care, keep your family informed at every step, and are prepared to take a case to trial when that’s what’s needed to get your family a fair result.

Levin & Levin, P.C. has served families throughout Portsmouth and Hampton Roads since 1968. We know this is one of the hardest calls you’ll ever have to make, and we’re here to help however we can.

Because the person most able to describe what happened is no longer able to speak for themselves, wrongful death investigations often rely more heavily on physical evidence, accident reconstruction, and witness accounts than a typical personal injury claim. Police reports, surveillance or dashcam footage, cell phone records, and expert analysis of the accident scene all become especially important when the family’s own account of events is necessarily incomplete.

Levin & Levin, P.C. has represented grieving families throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads region for decades. If you’ve lost a loved one because of someone else’s negligence, contact our office today for a free, compassionate case evaluation so we can help you understand your family’s options.