When you file a Virginia wrongful death claim, there is an order of beneficiaries eligible to collect the damages won in the lawsuit. The Virginia Code sets forth this order to determine how any damages will be distributed. The order is determined by the beneficiary's level of dependence on the deceased.
It should come as no surprise, then, that family members and relatives are first to be considered for compensation in a wrongful death claim in Virginia, unless otherwise stated in the deceased's will.
In Virginia, the spouse of the deceased is first to be considered for compensation from a wrongful death claim. If no spouse is present, the children of the deceased are considered next, or if they are deceased, their surviving children. If no children are present, the parents of the deceased are next in the order of beneficiaries, followed by the deceased's siblings.
After all of these beneficiaries are depleted, the damages may be awarded to any other relative who was dependent on the deceased for support and lived in the same household. When you file a wrongful death claim, it's best to have a wrongful death attorney to help make sure you are fairly represented.
Contacting a Fairfax Wrongful Death Attorney
The unexpected loss of a loved one is a difficult time in your life that shouldn't be made worse by the stress of dealing with insurance companies. Fairfax wrongful death attorney Ben Glass fights to help victims in northern Virginia settle their wrongful death claims.