Few things are as difficult as the pain experienced after the death of a loved one. That pain can be even greater when that death was the result of someone’s irresponsible and avoidable actions.
If your loved one has died due to someone else’s wrongdoing or negligence, a personal injury lawyer serving McLean from The Pendleton Law Team can help you pursue justice for your losses. With nearly 15 years in business and thousands of clients served, we have the resources and experience to recover financial compensation for your family’s loss.
No amount of money can completely make up for the pain of loss. But our firm can help you find financial stability and closure in your difficult circumstances. Contact us today to schedule a free consultation with a wrongful death lawyer taking cases in McLean, VA.
Wrongful Death Definition in Virginia
Virginia Code 8.01-50 defines a wrongful death as any death caused by the “wrongful act, neglect, or default” of any person or corporation. In such cases, the deceased’s heirs can file a wrongful death claim against the liable party to recover their financial and intangible losses.
One way to think about a wrongful death is as a personal injury lawsuit the deceased would have filed if they had survived their injuries. In Virginia, the deceased’s personal representative, as named in their will, can bring a wrongful death claim on behalf of their estate and legal heirs.
If the deceased had no will, the court would appoint one to oversee their affair. In cases where the victim was a minor, the parents or whichever parent administers the child’s estate can file a wrongful death claim.
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Examples of Wrongful Death in McLean
Virtually any fatal accident can count as a wrongful death if another party’s negligence or wrongdoing caused it. Below are some hypothetical scenarios where the victim’s estate may have grounds to file a wrongful death claim:
- A drunk driver runs through a stop sign and kills a pedestrian in the crosswalk.
- A doctor makes an avoidable error during a surgery and causes the patient’s death.
- A construction crew fails to properly restrain materials, and falling debris fatally injures a pedestrian.
- A pharmacy gives a patient the wrong medication, which causes a fatal adverse reaction.
- A landlord neglects performing electrical inspections, and a tenant is fatally electrocuted by faulty wiring.
- An employer violates workplace safety standards, resulting in an employee’s death.
In each case, the deceased’s victim was the result of some party’s carelessness or intentional wrongdoing.
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Proving a Wrongful Death
In order to prove a wrongful death, you must show that the death resulted from the other party’s negligence, wrongful act, or default.
Negligence
Negligence is a legal term that means the person failed to exercise a reasonable degree of care. To prove negligence, you must show the person had a duty of care, violated that duty, and caused injury.
For example, a speeding driver is negligent as they are putting other drivers at an unreasonable risk of danger. A negligent speeding driver who causes a fatal accident could be subject to a wrongful death lawsuit.
Wrongful Act
A wrongful act in the legal system is an intentional or reckless action, such as:
- Assault or battery
- Speeding significantly above the speed limit
To prove a wrongful act, you must show that the offender knowingly and intentionally engaged in conduct that was likely to harm another. In cases where the offending conduct resulted in a criminal conviction, your attorney can use the conviction as evidence of a wrongful act.
Default
In wrongful death cases, default means that the death happened because the responsible party failed to fulfill some legal duty they had. For example, an employer might be guilty of default if they fail to provide an employee with legally required safety equipment.
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Compensation You Can Recover in a Wrongful Death Claim in Virginia
The point of a wrongful death claim is to receive financial compensation—or damages—for losses the deceased’s heirs suffered. A wrongful death attorney serving McLean can pursue compensation for the following losses:
- Mental anguish, sorrow, and the loss of companionship, comfort, or guidance
- Reasonably expected loss of the deceased’s income and household services (e.g., childcare)
- Medical and hospital expenses the deceased incurred prior to death
- Loss of protection, care, or assistance
- Reasonable funeral and burial expenses
Several factors impact how wrongful death settlements are calculated, such as the deceased’s age, their earning capacity, and the degree of the survivors’ anguish.
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How Long Do I Have to File a Wrongful Death Lawsuit in McLean?
Virginia Code 8.01-244 establishes a two-year time limit for wrongful death lawsuits. Once the two years elapse, any legal right to damages is null and void. The clock starts counting from the date of death, which may be different from the date of the original injuring event.
For example, if your loved one were in a car accident on June 1, 2025, and passed away from their injury on December 1, 2025, you would have until December 1, 2027, to file a wrongful death lawsuit.
In any case, it’s in your best interests to get started as early as possible. Evidence can degrade over time, and the longer you wait, the harder it will be to prove liability and the extent of your losses.
Contact Our Wrongful Death Attorneys Serving McLean
For over a decade, The Pendleton Law Team has been providing McLean residents with compassionate and effective legal services. We understand how difficult life can be after the loss of a loved one and will do everything in our power to balance the scales.
Our attorneys can guide you through the process of filing a wrongful death claim and advocate on your behalf. Reach out online or by phone to speak to a wrongful death lawyer serving McLean today. Consultations are free, so you have nothing to lose by getting in touch.
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