Winchester Wrongful Death Attorneys

Losing a loved one is devastating under any circumstance. But when that loss is caused by someone else’s negligence or wrongdoing, the grief is compounded by anger, confusion, and a desperate search for accountability. In Virginia, families who lose someone due to another party’s reckless or careless actions have the legal right to seek justice through a wrongful death claim.

At Skinner Accident & Injury Lawyers, we understand the pain families go through after a tragic and untimely death. Our skilled Winchester wrongful death attorneys have more than 60 years of combined experience helping families throughout the Shenandoah Valley pursue compensation, closure, and a sense of peace. We’re here to guide you with compassion, skill, and unwavering advocacy.

Losing a loved one is never easy, and we’re here to help you through it. Our Winchester wrongful death attorneys offer free consultations to help you get the answers and accountability you deserve. And don’t worry—since we work on a contingency fee basis, you won’t pay a thing unless we recover money for your family.

Let’s talk about how we can help. Call us at (540) 888-8888 or reach out online to schedule your free, confidential consultation today.

What is a Wrongful Death under Virginia Law?

Under Virginia Code § 8.01-50, a wrongful death occurs when someone dies as the result of another party’s negligence, recklessness, or intentional act. This is a civil legal claim that allows surviving family members to seek financial compensation for their losses, separate from any criminal proceedings the state may pursue.

Some common examples of wrongful death include:

A fatal car crash caused by a distracted driver
A workplace accident due to poor safety measures
A misdiagnosis or surgical error by a negligent healthcare provider
A defective product that results in a fatal injury
Physical violence or assault that leads to death

Wrongful death lawsuits are not about revenge; they’re about holding the responsible party accountable and helping families deal with the financial and emotional consequences of their loss.

Who Can File a Wrongful Death Lawsuit in Winchester?

In Virginia, wrongful death lawsuits must be filed by the personal representative (executor) of the deceased person’s estate. This individual may have been appointed in the decedent’s will, or the court may appoint one if there was no will.

While the executor files the lawsuit, specific family members, known as statutory beneficiaries, are eligible to receive compensation. These typically include:

The surviving spouse
Children and grandchildren
Parents or siblings (if there is no spouse or children)
Other relatives who were dependent on the deceased

Virginia law establishes a hierarchy for distributing damages, which means the right to recover is based on the closeness of the relationship and the degree of dependency. It’s imperative to work with a compassionate Winchester, Virginia, wrongful death attorney to ensure the right parties are represented and that the claim is filed correctly and within the legal deadlines.

Common Causes of Wrongful Death Claims We Handle

At Skinner Accident & Injury Lawyers, our wrongful death lawyers have seen firsthand the many ways lives can be tragically cut short due to carelessness or misconduct. In Winchester and surrounding areas, wrongful death claims most commonly stem from the following:

Motor Vehicle Accidents

Fatal car, truck, and motorcycle crashes are among the most common causes of wrongful death in Virginia. Whether it’s due to speeding, drunk driving, distracted driving, or a defective auto part, the results are often devastating.

Pedestrian & Bicycle Accidents

Pedestrians and cyclists have little protection when struck by vehicles. Many deaths occur at crosswalks, intersections, or roadways without proper lighting or signage. We help families investigate the scene, preserve evidence, and pursue the responsible drivers or entities.

Workplace & Construction Accidents

Fatal injuries on job sites often result from falls, equipment malfunctions, or a lack of safety training. While workers’ compensation may offer limited benefits, a third-party wrongful death claim can provide full compensation when negligence is involved.

Defective Products

Products like faulty brakes, toxic chemicals, or unsafe medical devices can lead to fatal injuries. In these cases, manufacturers, distributors, and retailers may all share liability.

Intentional Violence or Criminal Acts

Even when a criminal case is pending, families can file a civil wrongful death suit to seek financial justice for the harm done. We coordinate with law enforcement and use available evidence to build a strong claim.

Damages Available in a Wrongful Death Case

Wrongful death claims are designed to provide grieving families with a measure of financial security and justice after a devastating loss. While no amount of money can bring a loved one back, Virginia law recognizes that the death of a family member often causes both financial hardship and profound emotional suffering. A successful wrongful death lawsuit aims to compensate for both economic and non-economic damages.

Economic Damages

These are tangible, measurable losses related to the financial impact of the death. They may include:

Medical expenses incurred as a result of the final injury or illness. For example, if your loved one spent time in the hospital receiving emergency treatment, you may be entitled to recover those costs.
Funeral and burial costs, quickly adding up to thousands of dollars. These expenses are compensable under Virginia law.
Loss of the deceased’s income and financial support, including wages they would have earned if they had lived. This also includes benefits like health insurance, retirement contributions, and pension plans.
Loss of services the deceased would have provided, such as childcare, housekeeping, home maintenance, and transportation. These contributions, while often unpaid, have substantial value and must be factored into your claim.

Non-Economic Damages

These are more subjective and address the emotional and relational losses suffered by surviving family members. They may include:

Loss of companionship, care, and guidance. This is especially relevant for surviving spouses and children who will no longer benefit from the love, advice, and support the deceased provided.
Mental anguish and emotional suffering. The psychological toll of a sudden, preventable death can affect every aspect of life, from personal relationships to daily functioning. Compensation is available for this invisible but deeply felt loss.

Punitive Damages

In rare but especially egregious cases, Virginia courts may award punitive damages. These are not meant to compensate for losses but rather to punish the wrongdoer and deter others from engaging in similar conduct. Punitive damages may apply in cases involving drunk driving, intentional violence, or grossly reckless behavior.

Determining the Full Value of a Claim

Valuing a wrongful death case is complex. It requires a detailed understanding of the deceased’s life professionally, personally, and emotionally. Our seasoned Winchester, Virginia, wrongful death lawyers work with a network of financial professionals, including forensic economists, life care planners, and actuaries, to calculate the full extent of financial losses. We also present compelling narratives and evidence to demonstrate the emotional impact of the loss on surviving family members.

At Skinner Accident & Injury Lawyers, we take the time to truly understand your loved one’s role in your life so we can honor their memory by fighting for the compensation your family deserves.

What to Expect When Filing a Wrongful Death Claim

We understand that taking legal action during a time of grief can feel overwhelming. It’s our Winchester, Virginia, wrongful death lawyers’ aim to make the process as smooth and supportive as possible. Here’s what to expect when working with our team:

Initial consultation: We listen to your story, answer your questions, and evaluate whether you have a valid claim, all at no cost.
Investigation: We begin by gathering valuable evidence, police reports, medical records, witness statements, video footage, and expert opinions to build a strong foundation for your case.
Filing the lawsuit: If the case doesn’t resolve early, we file a formal complaint with the court to initiate litigation.
Discovery phase: Both sides exchange evidence and information. This may include depositions, document requests, and interrogatories.
Settlement negotiations: Most cases settle before trial. We negotiate aggressively to ensure any offer reflects the full value of your family’s losses.
Trial (if necessary): If the defendant refuses to settle fairly, we are fully prepared to present your case in court.

Throughout each stage, our Winchester, Virginia, wrongful death lawyers will keep you informed, involved, and supported.

Time Matters Due to the Virginia Statute of Limitations

Wrongful death claims in Virginia are subject to strict filing deadlines. In most cases, families have two years from the date of the death to file a wrongful death lawsuit. This is known as the statute of limitations, and failing to file in time generally results in losing your right to pursue compensation, regardless of how strong your claim is.

There may be exceptions in rare cases, such as fraud or delayed discovery, but these are limited and rarely granted. That’s why it’s important to speak with a Winchester wrongful death lawyer as soon as possible, even if you’re still processing the loss. Early legal action ensures that evidence is preserved, deadlines are met, and your rights are protected.

Why Choose Skinner Accident & Injury Lawyers?

When you’ve suffered the ultimate loss, you deserve a legal team that brings strength, compassion, and proven success. Here’s what sets us apart:

Decades of Legal Experience

With over 60 years of combined experience, our attorneys understand the complexities of wrongful death litigation. We’ve guided countless families through the legal process, helping them find closure while holding negligent parties accountable.

Proven Results

We’ve recovered more than $100 million for injury and wrongful death clients across Virginia and West Virginia. Our results speak to our commitment and our ability to fight and win.

Dedicated to Families

We take a client-first approach, keeping our caseload manageable so every family receives personalized attention. We’ll treat your case with the same care and urgency we’d want for our own loved ones.

Strategic Backgrounds

Attorney Stephen Skinner previously worked in New York City, representing victims of aviation disasters and the 9/11 attacks. Attorney Andrew Skinner, a U.S. Army veteran, handled national product liability cases at a major law firm before returning to serve families in his home state. Their combined experience means your case is in the hands of seasoned, strategic advocates.

Flexible and Accessible

We are based in Winchester, making us uniquely positioned to serve families in Frederick County and throughout the Shenandoah Valley. We offer free consultations and flexible meeting options.

Winchester Wrongful Death FAQs

What’s the difference between a wrongful death lawsuit and a criminal case?

A criminal case is filed by the government to punish wrongdoing, and it can result in jail time or fines. A wrongful death lawsuit is a civil case brought by family members to recover financial compensation. Both can happen simultaneously, but they follow different procedures and standards of proof.

Do all family members have to agree to file a lawsuit?

No. Only the personal representative of the estate can file the claim, but the damages are distributed among eligible family members. If disputes arise, the court can help resolve how compensation is divided.

How long does a wrongful death case take?

Some cases settle in a few months; others may take a year or more, especially if they go to trial. Our Winchester, Virginia, wrongful death lawyers work efficiently to resolve cases as quickly as possible while maximizing value.

What happens if the person who died didn’t have a will?

If there’s no will, the court will appoint a personal representative, usually a close family member. This person will be authorized to file the wrongful death lawsuit and distribute any compensation according to Virginia law.

What if the insurance company offers a quick settlement?

Be cautious. Early offers are often much lower than what your case is worth. Insurance companies aim to limit payouts. You should always consult a wrongful death attorney before accepting or signing anything.

Talk to our Winchester Wrongful Death Attorneys Today

If someone else’s negligence took your loved one’s life, you don’t have to face the legal process alone. The team at Skinner Accident & Injury Lawyers is standing by, ready to pursue justice with compassion, dedication, and unmatched legal skill.

Our law firm offers free consultations with our Winchester wrongful death attorneys. And since we work on a contingency fee basis, we don’t charge a fee unless we recover money for your family. Let us help you find answers and accountability.

Call (540) 888-8888 or contact us online to schedule your free, confidential consultation today.