What is the process for filing a wrongful death lawsuit?

In Virginia, the process for filing a wrongful death lawsuit is as follows. Firstly, a qualified personal representative of the deceased person’s estate must be appointed. Depending on the circumstances, this may be an executor of a will, an administrator, or other qualified representative. The representative must then file the wrongful death claim in the circuit court of the county where the death occurred. The claim must include the identity of the deceased, the manner in which the death occurred, and a statement of the damages sought. The damages are generally based on the losses that the deceased’s survivors have suffered, such as lost wages, medical expenses, and loss of companionship. The claim must also be signed by a lawyer who is licensed to practice law in Virginia, and the case must be brought against the person or business whose negligence or wrongful acts led to the death. The claimant must then serve a copy of the lawsuit upon the defendant. After this has been done, the defendant usually has 21 days to reply to the suit. The defendant can either admit or deny the allegations of the complaint. If the defendant denies the allegations, the case may proceed to a trial, where a jury will decide the outcome. If the jury finds in favor of the claimant, the court can award damages to the survivors in order to compensate them for their loss. This award can include medical expenses, lost wages, pain and suffering, and other damages.

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What is the process for filing a wrongful death lawsuit?

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