In Virginia, as elsewhere, a lawsuit may be filed against a person (including a company) whose negligence, recklessness, or intentional conduct caused someone else to die. These are called "wrongful death" suits. Under Virginia law, all wrongful death cases must "be brought by and in the name of the personal representative of such deceased person." A personal representative is a person, such as an executor, executrix, or administrator of a person's estate who is qualified by the clerk of the circuit court to represent the deceased person and his or her estate. One of the powers of a personal representative is the power to sue. Virginia has enacted statutes that explain who may qualify as a personal representative. Personal representatives may be designated in a person's will. If no will exists or if the executor named in the will fails or refuses to qualify, then the statute gives priority to others who may want to be the personal representative. Qualifying as a personal representative is fairly easy and the people working in the clerk's offices in Virginia are very helpful in answering questions on these topics.
Have You Been Injured in Virginia Due to Negligence?
If you or a family member were involved in an accident that resulted in serious injuries, and another person's conduct caused the injuries, you need to speak with an experienced lawyer as soon as possible.
The passion of The Mottley Law Firm is to protect the legal rights of clients who have suffered life-disrupting personal injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office directly at (804) 409-0876 to schedule your free consultation.