When a loved one dies due to someone else’s negligence or wrongful conduct, families face overwhelming grief and financial hardship. A Fairfax wrongful death lawyer can help you pursue justice and seek compensation for your loss. CHASENBOSCOLO works with families throughout Fairfax to hold negligent parties accountable and pursue the resources you may need to move forward.
Why Choose CHASENBOSCOLO for Your Fairfax Wrongful Death Claim
CHASENBOSCOLO has recovered over $1.1 billion for injured clients since 1986. Our team includes 23 attorneys dedicated to personal injury and wrongful death cases. The firm includes multiple Super Lawyers, AV-rated attorneys, and members of the Million Dollar Advocates Forum. These attorneys earned this recognition through successful settlements and verdicts in complex cases.
Tom Teodori, one of our senior shareholders, brings 37+ years of experience. He focuses on catastrophic injury and wrongful death cases. Benjamin T. Boscolo, our CEO and shareholder, has been recognized as a Super Lawyer since 2006. He serves as Designated Workers’ Compensation Counsel for the NFLPA. John Everett, another shareholder, was named Maryland Trial Lawyer of the Year in 2019. He has recovered millions for families in wrongful death claims.
We handle wrongful death cases on a contingency fee basis. You pay nothing unless we recover compensation for you. Our CHASENBOSCOLO Fairfax office is located at 8280 Willow Oaks Corporate Drive, Suite 810. We offer free consultations to discuss your case. Call (301) 220-0050 to speak with a wrongful death attorney today.
Understanding Wrongful Death Claims in Fairfax
A wrongful death claim arises when someone dies as a result of another person’s negligence, recklessness, or intentional misconduct. Virginia law recognizes the right of certain family members to recover compensation for their loss. This includes economic damages like lost income and funeral expenses. It also includes non-economic damages for pain and suffering and loss of companionship.
Unlike medical malpractice cases in Virginia, which have a 2–3 million dollar cap on non-economic damages, wrongful death claims have no statutory dollar limit. Families can pursue full compensation for their losses without artificial caps. To succeed in a wrongful death claim, you must prove that the defendant owed a duty of care to the deceased. You must also show the defendant breached that duty. Finally, you must demonstrate that the breach directly caused the death.
Who Can File a Wrongful Death Claim?
Virginia law limits who can file a wrongful death claim. Generally, the spouse, children, and parents of the deceased can recover. If none of these beneficiaries exist, other dependents may have the right to file. The personal representative of the deceased’s estate typically files the claim on behalf of these beneficiaries. The recovery goes directly to the family members rather than the estate. For more information on eligibility, see our guide on who can file a wrongful death lawsuit in Virginia.
Common Causes of Wrongful Death in Fairfax
Wrongful deaths can result from various types of accidents and negligence. Motor vehicle accidents remain a leading cause of wrongful death in Fairfax. Medical malpractice, such as surgical errors, misdiagnosis, or medication mistakes, can also result in fatal outcomes.
Nursing home negligence and abuse claim lives each year. This particularly affects elderly residents who depend on caregivers for basic needs. Workplace accidents, including construction site falls, equipment failures, and unsafe conditions, cause fatal injuries. Premises liability cases can result in wrongful death. Product liability claims arise when defective products cause fatal injuries.
What Damages Can Our Fairfax Wrongful Death Attorneys Help Recover?
Wrongful death damages fall into two main categories: economic and non-economic damages. Economic damages include all financial losses resulting from the death. These include medical bills incurred before death, funeral and burial expenses, lost wages the deceased would have earned, lost benefits like health insurance and retirement contributions, and the cost of services the deceased would have provided (such as childcare or household maintenance).
Non-economic damages compensate for intangible losses. These include the pain and suffering experienced by the deceased before death, loss of companionship and society with the deceased, loss of parental guidance for minor children, and emotional distress suffered by surviving family members. In cases involving gross negligence or intentional misconduct, Virginia courts may award punitive damages. These damages are designed to punish the defendant and deter similar conduct in the future.
Virginia’s Statute of Limitations for Wrongful Death
Virginia law provides a two-year statute of limitations for filing a wrongful death claim. This is measured from the date of death. This deadline is strict—if you fail to file within two years, you may lose your right to recover compensation. Given the complexity of wrongful death cases, acting quickly can be important. You need time to gather evidence, investigate the circumstances, and negotiate with insurance companies.
The statute of limitations applies regardless of whether you’ve reached a settlement with the defendant’s insurance company. Even if discussions are ongoing, you must file a lawsuit before the deadline expires. This preserves your rights. Certain exceptions may apply in limited circumstances, such as when the defendant is out of state. However, these exceptions are narrow and require prompt legal attention. Learn more about how to file a personal injury lawsuit.
The Wrongful Death Claim Process in Fairfax, VA
The wrongful death claim process begins with a thorough investigation into the circumstances of the death. Our attorneys gather medical records, accident reports, witness statements, and expert opinions. We establish liability through this evidence. We work with accident reconstruction experts, medical experts, and other professionals to build a strong case. This helps demonstrate how the defendant’s negligence caused the death.
Once we’ve completed our investigation, we send a demand letter to the defendant’s insurance company. This outlines the facts, liability, and damages. The insurance company then has time to respond and make an offer. Many wrongful death cases settle during this negotiation phase without going to trial. If the insurance company’s offer is insufficient, we prepare the case for trial. This includes filing the lawsuit, conducting discovery, and preparing witnesses and evidence for court.
Throughout this process, we keep you informed of developments. We involve you in all major decisions. We understand that wrongful death cases are emotionally difficult. And, we handle your case with compassion while pursuing the compensation your family may be entitled to under the law. Learn more about how to prove negligence in a wrongful death case.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Virginia?
You have two years from the date of death to file a wrongful death claim in Virginia. This deadline is strictly enforced. Missing it can mean losing your right to recover compensation. If you’ve lost a loved one, contact CHASENBOSCOLO as soon as possible. We work to have your claim filed within the required timeframe. Learn more about Virginia’s statute of limitations.
What is the average wrongful death settlement in Virginia?
Wrongful death settlements vary widely depending on the circumstances of the case. The deceased’s age and earning potential matter. The severity of the defendant’s negligence matters. The strength of the evidence matters. Some cases settle for hundreds of thousands of dollars, while others recover millions. CHASENBOSCOLO has secured settlements exceeding $950,000 in nursing home wrongful death cases. We have also secured multiple settlements in the millions for catastrophic injury and death cases. Visit our results page to see examples of our successful recoveries. Learn more about how do car accident settlements work.
Can I file a wrongful death claim if the person was partially at fault?
Virginia does not follow a “pure comparative negligence” rule. Instead, Virginia generally applies a contributory negligence standard, which can bar recovery if the deceased is found to have contributed to the accident, subject to any applicable exceptions the courts recognize. Because fault rules can be nuanced, it is important to speak with an attorney about how they may apply in your situation. Our attorneys work to challenge allegations about the deceased’s conduct and pursue the strongest possible claim on your behalf. Learn more about contributory negligence in accident claims.
Do I need to hire a lawyer for a wrongful death claim?
While you have the right to handle a wrongful death claim yourself, hiring a wrongful death attorney can improve your chances of recovering fair compensation. Insurance companies have teams of lawyers working to minimize payouts. Wrongful death cases involve complex legal and factual issues. An attorney handles negotiations, gathers evidence, and prepares your case for trial if necessary. This allows you to focus on grieving and supporting your family. Learn more about why you should get a lawyer for a minor car accident and the benefits of legal representation.
How much does it cost to hire a wrongful death lawyer?
CHASENBOSCOLO handles wrongful death cases on a contingency fee basis. You pay no upfront fees and no attorney’s fees unless we recover compensation for you. If we win your case through settlement or trial verdict, our fee comes from the recovery. This arrangement helps ensure that cost is not a barrier to pursuing a claim for your loved one. Learn more about what a contingent fee is and how much lawyers usually take from a settlement.
Contact CHASENBOSCOLO for A Free Consultation About Your Fairfax Wrongful Death Claim
The loss of a loved one is devastating. The legal process can feel overwhelming. CHASENBOSCOLO is here to help. Our team of wrongful death attorneys understands what your family is going through. We’re committed to holding negligent parties accountable while pursuing the compensation you may be entitled to under Virginia law.
Call (301) 220-0050 today to schedule your free consultation. We’re available 24/7 to discuss your case and answer your questions. You can also contact us online to request a consultation at your convenience. Let CHASENBOSCOLO advocate for your family’s rights and help you take the next step forward.