The late-night phone call delivers news no family should receive: your loved one has died in a fatal crash with a commercial truck. As shock gives way to grief, questions emerge about justice, accountability, and how your family will move forward.
Virginia law provides a path for families to seek compensation after losing a loved one due to negligence. Working with an experienced Richmond truck accident lawyer helps families understand their legal rights during this devastating time.
Who Can File a Wrongful Death Claim in Virginia?
Under Virginia law, only the personal representative of the deceased person's estate can file the wrongful death lawsuit. The personal representative doesn't file for their own benefit. They act on behalf of beneficiaries, including surviving spouses, children, parents, and certain other family members.
The money resulting from a wrongful death claim doesn't go to the estate, where creditors could reach it. Instead, proceeds are distributed directly to beneficiaries. The class of beneficiaries is fixed at the time of the verdict or judgment, and individual beneficiaries can renounce their shares if they choose.
Wrongful Death Claims vs. Survival Actions
Virginia recognizes two separate claims after a fatal truck accident, and families should understand both.
Wrongful death claims compensate beneficiaries for their losses, like the financial support, companionship, and guidance they'll never receive. These claims belong to surviving family members.
Survival actions under § 8.01-25 compensate the estate for what the deceased person experienced between the crash and death. If your loved one survived for hours, days, or weeks before passing away, the estate can recover damages for their pain and suffering, medical expenses, and lost earnings during that period.
What Damages Can Families Recover?
Virginia Code § 8.01-52 specifies exactly what damages wrongful death claimants can pursue:
- Sorrow, mental anguish, and solace. This is compensation for the grief and emotional suffering caused by losing a loved one.
- Loss of income, services, protection, care, and assistance. This encompasses the financial support and household contributions the deceased would have provided.
- Medical and funeral expenses. This covers bills for emergency treatment, hospitalization, funeral services, and burial costs.
- Punitive damages. When the defendant's conduct was willful or wanton, Virginia law allows punitive damages up to $350,000 to punish wrongdoing and deter similar conduct.
A 40-year-old parent earning $65,000 annually with 25 years left in their career represents over $1.6 million in lost income alone. Add benefits, household services, and the immeasurable loss of companionship, and families face staggering losses.
Virginia's Two-Year Deadline for Wrongful Death Lawsuits
Virginia has a two-year statute of limitations for wrongful death claims. The clock typically starts on the date of death, not the fatal truck accident date. Missing this deadline means losing your right to compensation entirely. If a Virginia Department of Transportation truck was involved, special notice requirements and shorter deadlines may apply.
If appointing a personal representative takes time, Virginia law offers a solution. After 60 days from the death, counsel can petition for a limited appointment specifically for pursuing litigation. This ensures a properly qualified representative files the lawsuit, as Virginia courts treat actions filed by unqualified individuals as problematic. Your attorney can explain how to preserve your rights while estate administration proceeds.
Starting early gives your Virginia wrongful death attorney time to investigate thoroughly and build the strongest possible case.
Multiple Parties May Be Held Liable for Damages
Fatal truck accidents often involve several responsible parties beyond just the driver:
- Trucking companies face liability for negligent hiring, inadequate training, pressuring drivers to violate safety rules, and failing to maintain vehicles properly.
- Maintenance companies can be liable for substandard repairs or for using defective parts.
- Cargo loaders may be responsible if improper loading caused the crash.
- Manufacturers face product liability claims when defective parts like brakes or tires fail.
Virginia follows joint and several liability, meaning each defendant found liable can be held responsible for the entire judgment. This protects families by ensuring they can recover full compensation even if one defendant lacks sufficient assets or insurance. Identifying all liable parties maximizes the chances of complete recovery.
Why Legal Representation Matters
Families grieving shouldn't also battle massive trucking companies, aggressive insurers, and complex federal regulations. An experienced attorney handles the legal fight while you focus on healing.
The Mottley Law Firm has recovered millions for Virginia families in truck accident cases, including wrongful death claims. Attorney Kevin Mottley understands both the legal complexities and emotional toll these cases take. From our Richmond office, we investigate accidents, identify all liable parties, negotiate with insurance companies, and try cases when necessary.
Legal action provides a path toward justice, holds negligent parties accountable, and secures financial resources to help your family move forward.