Winchester Wrongful Death Lawyers
Losing someone you love is always devastating, but when someone else’s negligence causes that loss, the pain is compounded by frustration and injustice. If your family is grieving after a preventable tragedy, you may have the right to pursue our Winchester wrongful death lawyer claim under Virginia law. Doing so can provide accountability, financial support, and a path toward healing.
At Skinner Accident & Injury Lawyers, we treat you like family. Our Winchester wrongful death lawyers are committed to guiding you through this difficult time with compassion, clarity, and proven legal advocacy. We serve families in Winchester and across the Shenandoah Valley, helping them seek justice for lives taken too soon.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional act of another. Unlike criminal charges, which are prosecuted by the state and focus on punishment, wrongful death is a civil lawsuit focused on recovering financial compensation for surviving family members.
Common examples include:
- Car accidents caused by distracted or impaired drivers
- Dangerous products that lead to fatal injuries
- Falls or unsafe premises conditions
- Fatal injuries from workplace accidents
In essence, a wrongful death claim seeks to hold the responsible party legally and financially accountable for the harm they caused due to negligence.
Who Can File a Wrongful Death Lawsuit in Virginia?
Virginia law is very specific about who may bring a wrongful death lawsuit. According to Virginia Code § 8.01-50, the lawsuit must be filed by the personal representative (typically the executor) of the deceased person’s estate. However, beneficiaries, the people who may receive damages, are defined by law and include:
Primary Beneficiaries:
- The surviving spouse
- The surviving children
- The surviving grandchildren
Secondary Beneficiaries (if no spouse or children):
- Parents, siblings, or other relatives who were financially dependent on the deceased
The law prioritizes those who had a close familial and economic relationship with the victim. Our Winchester, Virginia wrongful death lawyers work closely with the estate’s representative and beneficiaries to ensure all proper claims are filed and managed with care.
Common Causes of Wrongful Death in Winchester, Virginia, and the Shenandoah Valley
The Shenandoah Valley is a scenic but often dangerous region for drivers and workers. In our experience, the most common causes of wrongful death in this area include:
Motor Vehicle Accidents
Fatal crashes on I-81, Route 7, and local roads in Winchester, Virginia, often involve high speeds, drunk driving, or distracted drivers. Motorcycle, pedestrian, and truck crashes are especially likely to result in wrongful death claims.
Workplace Accidents
Although safety protocols exist, fatal incidents still occur on job sites, especially in construction, agriculture, or manufacturing.
Dangerous Premises
Negligent property maintenance, such as unaddressed hazards or a lack of security, can lead to fatal falls, drownings, or assaults.
Defective Products
When poorly designed or manufactured products cause deadly harm, manufacturers and distributors may be held liable.
At our firm, we have the resources and investigative tools to determine the exact cause of your loved one’s death and pursue justice from all responsible parties.
Damages in a Virginia Wrongful Death Claim
A wrongful death claim is not just about holding someone accountable; it’s about helping a family recover after an unimaginable loss. Under Virginia Code § 8.01-52, certain types of damages may be awarded to the surviving family members. These include both economic and non-economic losses, as well as potential punitive damages in extreme cases. At Skinner Accident & Injury Lawyers, our Winchester, Virginia, wrongful death lawyers fight to ensure every loss is fully valued.
Medical Expenses Before Death
If your loved one received medical care before passing, such as emergency treatment, hospitalization, surgery, or palliative care, those expenses can be recovered in the wrongful death lawsuit. These costs often become an immediate burden on surviving family members, particularly if the decedent did not have adequate insurance. By recovering these medical bills, the legal process can relieve some of that financial pressure.
Funeral and Burial Costs
Losing someone is emotionally exhausting, and planning a funeral can be financially overwhelming. Virginia law allows families to recover the reasonable expenses associated with funeral services, cremation, burial plots, and memorials. These costs can easily exceed several thousand dollars, so including them in the wrongful death claim is essential for a complete recovery.
Loss of Income and Benefits
When someone dies unexpectedly, the economic impact on their family can be long-lasting and profound. A wrongful death claim can include compensation for the deceased’s expected future earnings, including salary, bonuses, retirement income, and health benefits. In addition to wages, the value of services the decedent would have provided, such as childcare, household maintenance, or elder care, can also be recovered.
Loss of Companionship, Care, and Guidance
One of the most difficult losses to quantify is the emotional absence of a loved one. Virginia allows family members to pursue compensation for the loss of companionship, comfort, guidance, and emotional support that the decedent provided. This includes a spouse’s loss of marital affection, a child’s loss of parental care, and a parent’s loss of filial love.
Pain and Suffering of Survivors
Surviving family members may be entitled to compensation for their own mental anguish and emotional suffering. The grief of losing a loved one to a preventable act of negligence or recklessness can be life-altering. These damages are highly personal and depend on the nature of the relationship and the trauma experienced by the survivors.
Punitive Damages
In cases involving gross negligence, recklessness, or intentional misconduct, Virginia courts may award punitive damages. These are not meant to compensate the family for losses but to punish the wrongdoer and serve as a deterrent to others. Punitive damages are typically awarded only when the defendant’s conduct was particularly egregious, such as in cases involving drunk driving or violent acts.
Ensuring Full Valuation of Losses
Calculating wrongful death damages requires in-depth analysis and professional insight. Our Winchester, wrongful death attorneys collaborate with economists, life care planners, vocational experts, and accountants to assess both present and future losses. Our goal is to ensure that your family receives every dollar you deserve for the financial and emotional impact of your loss.
Virginia’s Statute of Limitations for Wrongful Death Claims
Legal deadlines are among the most critical and most unforgiving elements of a wrongful death case. In Virginia the general statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Failing to act within this time frame can result in your claim’s being permanently dismissed, no matter how strong the underlying case is.
Why the Deadline Matters
This two-year limit is designed to encourage timely action and protect the integrity of evidence. The sooner you contact one of our wrongful death attorneys, the greater your chances of securing key documentation, interviewing witnesses, and developing a compelling case. Waiting too long risks the loss of valuable evidence and the legal right to pursue justice altogether.
Exceptions to the Two-Year Rule
While the two-year period applies to most wrongful death cases, there are a few exceptions where the deadline might be paused or altered:
- Claims Involving Minors: If the primary beneficiary is a minor child, certain aspects of the case may be tolled (delayed) until a legal guardian is appointed or the child reaches adulthood. However, this doesn’t always extend the entire statute of limitations, so consulting a lawyer is essential.
- Government Entity Involvement: If your claim involves a government agency or employee, such as a fatal crash involving a city bus or an accident on government-owned property, you may be required to file a formal notice of claim within just a few months. These rules vary depending on whether the defendant is local, state, or federal, and missing these early deadlines can bar your claim entirely.
- Discovery of the Cause of Death: In rare cases, the two-year clock may start from the date the cause of death is discovered rather than the date of death itself. This may apply in cases involving toxic exposure, defective products, or delayed diagnosis, where it was not initially clear what caused the death. However, courts interpret this exception narrowly, and waiting too long can still jeopardize your claim.
Why You Should Contact a Lawyer Immediately
At Skinner Accident & Injury Lawyers, we understand how overwhelming it can be to think about legal action while grieving. That’s why our Winchester, Virginia wrongful death attorneys will take swift, compassionate action to protect your rights. Our legal team will investigate the case, determine all applicable deadlines, and file within the statute of limitations to preserve your family’s chance at justice and compensation.
How Our Legal Process Works
It’s only natural that pursuing a legal claim while grieving a loved one’s death can feel overwhelming. As such, our wrongful death lawyers guide every client through a clear, step-by-step process:
Step 1: Free Consultation
You can speak with a Winchester wrongful death lawyer at no cost. We’ll evaluate the facts of your case and explain your options with honesty and compassion.
Step 2: Investigation and Documentation
We gather medical records, autopsy reports, witness statements, accident scene evidence, and expert opinions to build a strong case.
Step 3: Settlement Negotiations
Many cases resolve out of court. We negotiate directly with insurance companies and opposing attorneys to secure a fair settlement.
Step 4: Filing a Lawsuit
If the other side won’t offer what your family deserves, we’ll file a lawsuit and prepare for trial.
Step 5: Trial Preparation and Representation
From discovery to trial, we build every case for the courtroom. Our Winchester wrongful death attorneys have decades of litigation experience and are fully prepared to advocate for you.
Throughout the process, we’ll stay in close communication, provide updates, and answer your questions.
Why Choose Skinner Accident & Injury Lawyers?
Choosing the right law firm after a tragedy is one of the most important decisions your family will make. Here’s why so many in Winchester, Virginia, and the Shenandoah Valley trust us:
Deep Local Roots
We’ve proudly served the region for generations. Although our office is located in Winchester, Virginia, we assist families throughout Strasburg, Stephens City, and nearby towns.
Proven Results
With over $100 million recovered and more than 75 years of combined experience, our wrongful death lawyers know how to win tough cases.
Personalized Service
We maintain a low caseload so we can provide hands-on, attentive legal support. You won’t get passed around; you’ll work directly with an attorney.
Unique Backgrounds
Attorney Stephen Skinner represented 9/11 victims and handled catastrophic injury cases in NYC. Attorney Andrew Skinner, a U.S. Army veteran, worked on national product liability litigation in Chicago before returning home to help West Virginians and Virginians.
We Come to You
If you cannot travel, we’ll meet you at your home, hospital, or another convenient location.
FAQs About Wrongful Death Cases in Virginia
How Long Will the Case Take?
It depends. Some wrongful death claims settle in a matter of months, while others may take a year or longer if they go to trial. We’ll provide an estimated timeline after reviewing your case.
Can I File a Wrongful Death Claim If the Person Responsible Was Also Criminally Charged?
Yes, a criminal prosecution is separate from a civil claim. You can pursue a wrongful death lawsuit regardless of whether the person is charged or convicted in criminal court.
What If My Loved One Was Partially at Fault?
Virginia follows the doctrine of contributory negligence, which can bar recovery if the deceased was even 1% at fault. However, proving fault is a complicated legal issue, and our Winchester wrongful death attorneys will thoroughly investigate to protect your family’s rights.
What Does It Cost to Hire a Wrongful Death Lawyer?
We handle wrongful death cases on a contingency fee basis. That means you don’t pay anything unless we secure compensation for your family through a negotiated settlement or a court award.
Let Our Winchester Wrongful Death Lawyers Help Your Family Seek Justice
You’ve already suffered a devastating loss. Let us take on the legal burden so you can focus on healing. Our Winchester, Virginia, wrongful death attorneys are here to fight for the answers, accountability, and compensation your family deserves.
Call Skinner Accident & Injury Lawyers today at 540-888-8888 for a free, confidential consultation, or reach out online to get started.