Losing a loved one in a car accident is devastating, and navigating the aftermath can feel overwhelming. Our Arlington fatal car accident lawyers will guide you through every step with compassion.
We take the time to listen, answer your questions, and handle the legal complexities so you can focus on adjusting to your new reality.
You won’t just be another case to us; you’ll have a lawyer who truly understands what you’re going through and fights for the justice your family deserves. At Kitchel Injury Law, we have 28 years of combined legal experience advocating for our clients.
Our car accident lawyers in Arlington offer clear legal advice. Call today for a free consultation.
Arlington Fatal Car Accident Attorneys Who Focus on Your Well-Being
After a fatal car accident, it can feel like the world is moving too fast while you’re left trying to make sense of everything. Every client works directly with their Arlington personal injury lawyer and dedicated case manager from start to finish, never shuffled through or treated like a number.
We take the time to understand your situation, answer your questions, and guide you through each step with compassion and clarity. Our goal is to provide hands-on, personal support so you can feel confident that someone is truly fighting for your family’s well-being.
How Virginia Law Defines Wrongful Death
A death is considered “wrongful” if the circumstances would have let the victim file a personal injury claim had they survived. Since the person who was harmed can no longer take legal action, Va. Code § 8.01-50 lets eligible family members step in to pursue compensation on their behalf.
If a loved one dies due to a negligent driver, a wrongful death claim can hold the responsible party accountable and help the family recover damages. Our experienced Arlington fatal car accident attorneys will protect your family’s rights. Kitchel Injury Law is on your side during this difficult period.
Who Can File a Wrongful Death Lawsuit in Virginia
Many states allow surviving family members to file a wrongful death lawsuit directly. Virginia law works differently. Instead of individual relatives filing the claim, the lawsuit must be brought by the personal representative of the deceased person’s estate. This individual acts on behalf of the estate and the surviving family members who may be entitled to compensation.
The personal representative is often called an executor. Their role is to manage legal matters related to the estate, including filing a wrongful death claim when someone’s death was caused by another party’s negligence or wrongful conduct.
When the Deceased Person Named a Personal Representative
In most cases, the personal representative is named ahead of time in a will or other estate planning documents. When a valid will exists, the court typically honors the deceased person’s choice and formally appoints that individual to handle the estate and pursue any wrongful death lawsuit.
If There Is No Will
When someone dies without a will, Virginia law provides a process for the court to appoint a personal representative. The court’s goal is to choose someone who has a legal interest in the estate and can responsibly handle the role.
When there is no will, the court follows this process:
- If there is one clear heir, or if all eligible heirs agree on a single person, the court will usually appoint that individual.
- If family members disagree about who should serve, the court can review each request and decide who is best suited for the position.
- If no eligible family members can be found, the court may appoint a charitable organization that previously served as the person’s guardian or conservator.
- When no other suitable option exists, the court may appoint a creditor or another qualified individual to act as the personal representative.
Virginia Has a Statute of Limitations for Wrongful Death Lawsuits
Virginia law places a strict time limit on filing a wrongful death lawsuit. In most cases, the claim must be filed within two years of the date of death. This deadline is known as the statute of limitations. If a lawsuit is not filed within this time frame, the court can dismiss the case.
Because wrongful death cases often involve investigations, insurance companies, and estate matters, waiting too long can put your family’s right to compensation at risk. The sooner you call our fatal car accident attorneys in Arlington, the more time we can spend on your case.
Work With Trusted Arlington Fatal Car Accident Lawyers
After a fatal car accident, having the right support matters. We’re here to help you understand your options, deal with insurance companies, and hold the responsible party accountable. We take care of the legal details so you don’t have to, giving you space to focus on your family and what comes next.
At Kitchel Injury Law, we handle every part of the case from investigating the crash and gathering evidence to calculating the full impact of your loss. We work hard to make this process as manageable as possible. Call today to schedule a free consultation.