There is little that will ease the pain of having lost a loved one. If someone else is responsible for that loss, we can help you hold him or her accountable for his or her actions.

In Virginia, who has the right to pursue damages for a wrongful death is controlled by Virginia statute § 8.01-53. The statute lays out a hierarchy of individual rights to pursue damages that begins with:

  • The surviving spouse, children of the deceased, children of deceased children of the deceased are primarily eligible to pursue damages.
  • If none of the above are alive, damages may be pursued by the parents or siblings of the deceased or any other relative who was dependent upon the deceased and resided in the deceased's household.
  • Where no children or grandchildren are present, the surviving spouse and parents may both pursue damages.

What may be pursued as damages for a wrongful death are also outlined in the Virginia code § 8.01-52. The jury or the court is allowed to award all damages that seem to be fair and just, including:

  • Sorrow, mental anguish and solace, which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent
  • Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent
  • Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death
  • Reasonable funeral expenses
  • Punitive damages may be recovered for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others

AV Preeminent Rated* by Martindale-Hubbell's Peer Review Rating System

At the law firm of Kearney, Freeman, Fogarty & Joshi, PLLC, our Fairfax wrongful death damages lawyers understand the magnitude of the impact the loss of a loved one can have on the lives of family members. We have decades of experience that provide us with the background necessary to effectively pursue wrongful death damages.

Contact our Northern Virginia Attorneys Helping Accident Victims Secure Compensation

When wrongful death occurs, you need to know that your attorney is capable of holding those responsible accountable for what they have done. If you have lost a loved one in an accident, turn to the experienced Fairfax wrongful death lawyers of Kearney, Freeman, Fogarty & Joshi, PLLC, in Fairfax, Virginia. To schedule your free initial consultation, call 877-652-1553, or contact us online. All personal injury cases are taken on a contingency fee basis. We collect no fee unless we secure compensation for you.


*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.