The unexpected loss of a loved one can leave a family facing grief, financial strain, and difficult questions about what happened. When that loss was caused by another person’s careless or reckless actions, families may also need to consider whether they have the right to bring a wrongful death claim under Virginia law.

These cases can involve important deadlines, evidence that must be preserved, and legal issues that are difficult to manage while grieving. Clear guidance early in the process can help protect your family’s rights and ensure the circumstances of your loved one’s death are properly reviewed.

At Williams DeLoatche, P.C., our personal injury lawyers provide steady support and practical guidance for families after a fatal accident. We help clients understand their options, handle the legal process with care, and pursue accountability from the parties responsible so families do not have to face the process alone.

Why Hampton Roads Families Turn to Williams DeLoatche, P.C.

Few families ever expect to choose a wrongful death lawyer, and the decision often comes at the worst possible moment. At this stage, what most families want is not a sales pitch. They want to know that the people handling their case understand the loss and that those people know how to shield the family from an insurance company that may undervalue it.

Williams DeLoatche, P.C., has represented Hampton Roads families since 2008. Both of our founding partners began their careers on the other side of these cases, defending insurance companies and large corporations. They know from the inside how an insurer builds a file, how it puts a number on a life, and where it looks to reduce what it pays. We use that knowledge to protect families, not to pick fights. When we sit across from an insurance company, we already understand the playbook they are working from.

We handle our wrongful death cases on a contingency fee basis, which means a family pays nothing up front and owes no attorney’s fee unless we recover compensation. The first consultation is free.

What Makes a Death a Wrongful Death Under Virginia Law?

Under Virginia Code § 8.01-50, a wrongful death is a death caused by the wrongful act, neglect, or default of another person or company. If the person who died could have brought a personal injury claim had they survived, the family can usually bring a wrongful death claim in their place.

These cases arise across Virginia Beach and the wider Hampton Roads region in many forms:

● Car accidents, including DUI crashes or speeding
● Pedestrian accidents
● Bike accidents
● Truck accidents
● Motorcycle accidents
● Falls or hazardous property conditions

The cause of death often shapes both who shares legal responsibility and how a family proves the claim, which is why each case calls for its own investigation.

Who Can File a Wrongful Death Claim in Virginia?

In Virginia, individual family members do not file a wrongful death claim on their own. Instead, the personal representative of the deceased person’s estate brings the claim on behalf of the family. The court appoints this person, often a spouse or adult child named in a will, and the law then directs any recovery to the family members it recognizes as statutory beneficiaries under Virginia Code § 8.01-53. Those beneficiaries fall into a defined order:

● The surviving spouse and children, along with grandchildren through a child who has died
● The deceased person’s parents and siblings, if no spouse, child, or grandchild survives
● Other relatives who depended on the deceased person and shared the same household

Our firm helps families settle who will serve as personal representative early, which keeps the claim from stalling later.

How Long Does a Family Have to File a Wrongful Death Claim in Virginia Beach?

Time is one of the hardest pressures a grieving family faces, and Virginia law puts a firm limit on it. A family generally has two years from the date of death to file a wrongful death claim under Virginia Code § 8.01-244. The clock runs from the date the loved one died, not from the date of the accident or injury that caused the death. When weeks or months separate the two, that gap can matter, so it can help to have a lawyer review the timeline early while there is still room to act.

Virginia also adds a step that many families do not expect. Before a wrongful death settlement becomes final, the personal representative presents the settlement to the circuit court for approval under Virginia Code § 8.01-55, and the court confirms how the beneficiaries will share the recovery. This protects the family, but it also means the process is more complex than a typical injury claim, which is another reason early guidance helps.

What Compensation Can Families Recover in a Virginia Wrongful Death Claim?

No amount of money can replace a person, and families know that better than anyone. What a Virginia wrongful death claim can do is ease the financial weight a loss leaves behind and hold the responsible party accountable for what happened. Virginia law allows families to recover for several distinct kinds of loss, including:

● Sorrow, mental anguish, and the loss of comfort, companionship, and guidance of the person who died
● Lost income the loved one would have provided, along with the services, care, and protection they gave
● Medical and hospital expenses connected to the final injury or illness
● Reasonable funeral and burial costs

In cases where the at-fault party acted with willful or wanton disregard for the safety of others, a family may also recover punitive damages, which Virginia caps at $350,000 under Virginia Code § 8.01-38.1. Beyond these categories, there is no such thing as an average Virginia wrongful death settlement, and any firm that promises a specific number cannot honestly know it. The value of a claim depends on the facts of the loss, the strength of the evidence, and the family’s circumstances, all of which require careful review.

Get Help After a Wrongful Death in Virginia Beach

Families across Virginia Beach, Norfolk, Chesapeake, and the wider Hampton Roads region come to us in the hardest weeks of their lives, unsure of what to do next. We handle the investigation, the paperwork, and the insurance company so a grieving family can keep its focus where it belongs. Before the filing window narrows or the insurer settles the claim for less than it is worth, a conversation with our team can show a family exactly where it stands.
Reach out to us at (757) 547-5555 or through our online contact form to schedule a free consultation.

Client Testimonials

“I was treated with genuine kindness and compassion throughout the entire process. Mr. Barbosa and his team were supportive, professional, and truly worked in my best interest. They helped me navigate a very difficult time, and I am grateful for the outcome and the care they showed every step of the way. Highly recommend.”— Ursala B.

“I wanted to thank you all for such professional care with my Mothers case! To Steve, Joe, Patti and all who worked on my mother’s case. You caused my mother’s care home to be accountable for the damage they did to her. She payed a high price for this suite. Prayerfully it will help other care homes to realize how awful their care of her and will cause other patients to get good care.”— Lorraine D.

“I had a great experience working with this law firm. Mr. Barbosa was wonderful his communication was clear and consistent, and he always kept me informed throughout the entire process. He responded in a timely manner and was very accommodating with my schedule. I truly appreciate his professionalism and dedication. Highly recommend!”— Syria M.

Frequently Asked Questions About Virginia Beach Wrongful Death Claims

Do You Need Criminal Charges to File a Wrongful Death Claim in Virginia?
No. A wrongful death claim is a civil case, separate from any criminal prosecution. A family can pursue it whether or not prosecutors charge or convict the at-fault party. The two systems work independently, and a civil claim moves forward on its own timeline regardless of what happens in criminal court.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the family for their own losses, such as grief and lost support. A survival action lets the estate recover for what the loved one endured between the injury and death, including their pain and medical costs. Virginia recognizes both, and a family may have grounds to bring each one.

How Much Does It Cost to Work With a Virginia Beach Wrongful Death Lawyer?
There is no upfront cost. Williams DeLoatche, P.C., handles wrongful death cases on a contingency fee basis, so a family pays no attorney fee unless the case recovers compensation. The first consultation is free, which means a family can learn where they stand and what their options are without any financial risk.

What Should a Family Do After a Fatal Accident in Virginia Beach?
A few early steps can protect a family’s claim. Keep any records related to the death. Do not give the insurance company a recorded statement. Reach out to a wrongful death lawyer before the filing deadline passes. These steps preserve both the evidence and the family’s options.