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Office LocationKamerow Law Firm, PLLC
5001 Seminary Road, Suite 110
Alexandria, VA 22311
Losing a loved one in an avoidable accident is a tragic, heartbreaking experience. We know that there is nothing that can truly make up for that type of deep personal loss. Still, family members of the victim should always exercise their full legal rights. The negligent party must be held accountable, and victims need financial relief to support themselves and their loved ones.
In Virginia, these types of claims must be brought under the state’s wrongful death statute. Unfortunately, not all loved ones of the victim have direct legal rights under this law. Here, our compassionate Alexandria wrongful death attorneys explain who can file a wrongful death lawsuit in Virginia.
Virginia Wrongful Death Lawsuit Eligibility
Spouse and Children
Under Virginia law, statutory beneficiaries have the primary right to file a wrongful death lawsuit. Indeed, no one else will be able to bring a claim ahead of the primary statutory beneficiaries. Under the law, the primary beneficiaries are:
- The spouse of the victim; and
- The children of the victim.
Other Immediate Family Members
Of course, some people do not have a surviving spouse or surviving children to bring a claim. Additionally, for whatever reason, a spouse or child may simply choose not to participate in the legal process. When this occurs, other parties can step into to take legal action on behalf of the deceased. Though, at this point, only immediate family members are eligible to bring a claim. This includes:
- The parents of the victim;
- The siblings of the victim; or
- A blood relative who was a legal dependent of the victim.
Finally, if there are no eligible relatives to bring a claim, regardless of the reason, then the estate of the victim has a right to bring a wrongful death lawsuit. Anyone who is in line to inherit the property of the deceased may have the right to step in and take over the case as a representative of the estate. These situations are especially complex, so it is imperative that anyone in this position seek immediate legal assistance from a qualified Virginia wrongful death lawyer.
Contact Our Alexandria Wrongful Death Attorneys Today
At Kamerow Law Firm, PLLC, our compassionate wrongful death lawyers want you to be able to focus on your family, while we handle all of your legal issues. For immediate assistance with your claim, call us now at (703) 370-8088 to get a free case evaluation. Our firm is located in Alexandria, and we serve communities throughout the region, including in Fairfax County and Prince William County.