Filing a Wrongful Death Lawsuit
In Virginia, only the administrator of the deceased’s estate can file a wrongful death claim. Administrators are appointed by the court and only certain family members or dependents become an administrator. Known as statutory beneficiaries, these family members include the spouse, children, or grandchildren of the deceased.
If they did not have a spouse or offspring, surviving parents or siblings might file. The same holds for any relative living with the deceased and considered a dependent.
If there are no surviving parents or siblings, relatives eligible to inherit under the state’s intestacy laws may file a lawsuit. Virginia law requires the filing of a lawsuit within two years. After that time limit, the claim cannot go forward.
A Rutter Mills Newport News wrongful death attorney will help you through the appointment and claims process.