Losing a loved one may be intensely difficult for survivors, who must deal with their loss as well as the When another person's negligence causes the death of a loved one, it creates unimaginable grief and financial distress. At Emroch & Kilduff, we help families in Richmond navigate the legal process to hold the responsible parties accountable. Our firm pursues the financial security your family needs to move forward after a devastating loss.
Since 1970, we have fought for Virginians. If your family lost a member in a fatal car accident, medical setting, or other incident, contact us for a free, confidential consultation. A Richmond wrongful death lawyer can help you pursue accountability and secure the compensation your family needs to move forward.
Why Choose Emroch & Kilduff’s Richmond Wrongful Death Lawyers to Represent Your Family?
Since 1970, Emroch & Kilduff’s wrongful death attorneys in Richmond have guided hundreds of clients toward justice following serious injuries or wrongful deaths.
Recent personal injury case results include:
- $1.5 million recovery in a medical malpractice case
- $990,000 settlement for medical malpractice
- $750,000 settlement in a trucking accident claim
- $540,000 for a client in a cycling accident
Our skilled Richmond wrongful death lawyers earned recognition on Best Lawyers’ Best Law Firms lists for 2023, 2024, and 2025, as reported by U.S. News & World Report.
Visit Emroch & Kilduff at 7301 Forest Ave., Suite 300, Richmond, VA, conveniently located near I-64, opposite Henrico Doctors’ Hospital and Westport Rehabilitation and Nursing Center. Choose a personal injury lawyer who understands your case and will fight for the compensation you deserve. Call (804) 358-1568 for a free consultation.
Richmond Wrongful Death Compensation
In Richmond, Virginia, families of wrongful death victims can pursue compensation to address the various financial, emotional, and personal losses caused by a loved one’s death due to another party’s negligence or wrongful actions.
These claims, typically handled with the assistance of an experienced Richmond wrongful death lawyer at Emroch & Kilduff, aim to provide financial relief and justice. Cases are often processed through Virginia’s 13th Judicial Circuit, which includes courts such as the Richmond Circuit Court. Understanding available compensation is essential for families navigating this complex legal process.
Economic Damages
Economic damages compensate for quantifiable financial losses resulting from a wrongful death. These include:
- Potentially substantial funeral and burial expenses.
- Medical expenses incurred for the deceased’s final care, such as hospital stays or emergency treatments.
- Loss of financial support, covering income or benefits the deceased would have provided to their family.
- Loss of services, such as household contributions or childcare, previously provided by the deceased.
For example, if a Richmond resident dies in a car accident caused by a negligent driver, their family could recover costs for funeral expenses and the deceased’s lost earnings, easing the financial burden.
Non-Economic Damages
Non-economic damages address intangible losses that profoundly impact survivors' quality of life. These include:
- Sorrow and mental anguish, encompassing grief, depression, or trauma from losing a loved one.
- Loss of companionship, guidance, or care reflects the emotional void left by the deceased.
- Loss of consortium, compensating a surviving spouse for the loss of marital support and intimacy.
For instance, a Richmond family that loses a parent in a workplace accident might seek compensation for the emotional toll and loss of parental guidance. These damages are subjective, requiring skilled legal advocacy to quantify effectively.
Punitive Damages
Punitive damages are rarely awarded but may apply in cases of egregious misconduct, such as gross negligence or intentional harm. They aim to punish the wrongdoer and deter similar behavior in the future. In Virginia, punitive damages are capped at $350,000, though exceptions may apply in cases like DUI-related deaths. For example, a drunk driver causing a fatal accident in Richmond could face punitive damages if their recklessness was extreme, reinforcing accountability.
Special Considerations
Wrongful death claims in Virginia must be filed within the state’s two-year statute of limitations, making timely action critical. Families may also explore other avenues, such as workers’ compensation for workplace fatalities or insurance settlements. Local law firms, such as Emroch & Kilduff, emphasize the importance of gathering evidence promptly, including medical records, accident reports, and witness statements, to build a strong case.
Consulting a Richmond wrongful death attorney ensures families maximize compensation tailored to their circumstances. Attorneys navigate the intricacies of Virginia’s legal system, including the 13th Judicial Circuit’s procedures, to secure justice for grieving families.
Types Of Richmond Wrongful Death Claims
Wrongful death claims in Richmond, Virginia, arise when a person dies due to another’s negligence, recklessness, or intentional actions. These claims, governed by Virginia Code § 8.01-50, enable surviving family members to seek compensation for financial and emotional losses, including funeral expenses, loss of income, and emotional distress.
Understanding common scenarios that lead to wrongful death claims helps families address their legal options with the assistance of experienced Richmond wrongful death attorneys at Emroch & Kulduff.
Car Accident Claims
Fatal car accidents are a leading cause of wrongful death claims in Richmond. These cases often involve negligent driving, such as speeding, distracted driving, or driving under the influence. The deceased may have suffered catastrophic injuries, leaving families with significant losses.
Local law firms, such as Emroch & Kilduff, have focused their practice on negotiating with insurance companies to secure fair settlements for funeral costs, lost financial support, and emotional distress. If settlements are inadequate, attorneys are prepared to pursue damages through trials in courts like the Richmond Circuit Court.
Premises Liability Claims
Wrongful deaths can occur on public or private properties due to hazards like unsafe structures, inadequate security, or slippery surfaces. These incidents, often falling under premises liability, may lead to fatal falls or other accidents, particularly affecting vulnerable populations like older adults.
Emroch & Kilduff note that premises liability claims require proving negligence on the part of the property owner. For example, a death caused by a fall in a Richmond store due to an unmarked hazard could warrant a claim. Attorneys help families secure compensation for losses within Virginia’s two-year statute of limitations. The wrongful death statute of limitations in Virginia makes timely legal action essential—missing the two-year window could forfeit your right to compensation.
Medical Malpractice Claims
Wrongful death claims arising from medical malpractice occur when a healthcare provider’s negligence, such as misdiagnosis, surgical errors, or improper treatment, causes a patient’s death. Governed by Virginia Code § 8.01-50, these claims enable surviving family members to seek compensation for losses such as funeral expenses, lost financial support, and emotional distress, including sorrow and loss of companionship.
Richmond wrongful death attorneys, such as those at Emroch & Kilduff, assist families in proving negligence by gathering medical records, expert testimony, and other evidence.
Product Liability Claims
Product liability claims arise when defective products cause fatal injuries. In Richmond, these cases may involve faulty appliances, vehicle components, or medical devices. Virginia law holds manufacturers and sellers accountable for products that are not reasonably safe for their intended use.
Emroch & Kilduff emphasize that claims can stem from design defects, manufacturing errors, or inadequate warnings. Families must file within Virginia’s two-year statute of limitations to seek compensation for losses like funeral expenses and loss of companionship, proving the defendant’s failure in their duty of care.
Workplace Death Claims
Fatal workplace accidents in Richmond, such as those on construction sites, often lead to workers’ compensation claims. These claims provide benefits for funeral expenses and lost financial support, regardless of who is at fault. Richmond wrongful death attorneys, like those at Emroch & Kilduff, assist families in securing these benefits from employers or insurers.
If a third party’s negligence contributed to the death, families may also pursue wrongful death claims for additional damages, such as emotional distress or loss of guidance, ensuring comprehensive compensation.
Where Fatal Accidents Happen In Richmond
In Richmond, Virginia, fatal accidents, including those related to medical malpractice and wrongful death claims, occur in various settings, reflecting the city’s urban and healthcare landscape.
According to the Virginia Department of Motor Vehicles, Richmond reported 32 fatal crashes in a recent year, with 10 involving pedestrians, often at busy intersections like Broad Street and Belt Boulevard. Wrongful death claims after fatal car accidents can help families seek accountability and compensation for the devastating loss of a loved one. These accidents are frequently caused by speeding, distracted driving, or failure to yield, particularly in high-traffic areas such as Shockoe Slip or South Richmond’s Hull Street.
Medical malpractice-related wrongful deaths typically occur in healthcare facilities like VCU Health or Bon Secours Richmond Health System. Common causes include misdiagnosis, surgical errors, or medication mistakes, leading to claims for funeral costs and emotional distress. These cases, handled in Richmond Circuit Court, require proof of negligence within the two-year statute of limitations.
Workplace fatalities, another source of wrongful death claims, often happen on construction sites or industrial areas along the James River, where equipment failures or safety violations occur. Richmond wrongful death attorneys, like those at Emroch & Kilduff, help families secure compensation for these diverse tragedies.
Fighting The Insurance Company In A Wrongful Death Claim
In Richmond, Virginia, our Richmond wrongful death lawyer employ strategic legal tactics to maximize compensation from insurance companies for families grieving the loss of a loved one due to negligence, such as medical malpractice, car accidents, or workplace incidents. Maximizing compensation requires navigating complex insurance negotiations, leveraging Virginia’s legal framework, and building a robust case, often processed through the Richmond Circuit Court.
Thorough Case Investigation
Richmond wrongful death lawyers begin by conducting a meticulous investigation to establish liability and quantify losses. They gather critical evidence, such as police reports for car accidents, medical records for malpractice cases, or OSHA reports for workplace deaths.
For instance, in a medical malpractice case at a facility like VCU Health, attorneys may secure records showing a misdiagnosis or surgical error. Expert witnesses, such as medical professionals or accident reconstructionists, are often consulted to strengthen the case. This evidence is essential in countering insurance companies’ attempts to minimize liability or shift blame, thereby ensuring a strong foundation for negotiations. Dealing with the insurance company after an accident requires a strategic approach backed by thorough documentation and legal advocacy.
Accurate Damage Valuation
To maximize compensation, attorneys carefully calculate both economic and non-economic damages. Economic damages include tangible losses like funeral costs, medical bills for the deceased’s final care, and the loss of financial support.
For example, if a breadwinner dies in a Broad Street crash, lawyers project future earnings based on their career trajectory, adjusted for inflation. Non-economic damages, such as sorrow, mental anguish, or loss of parental guidance, are more challenging to quantify but equally vital. Our Richmond wrongful death attorneys use precedent cases and jury verdict data from the 13th Judicial Circuit to argue for fair valuations, presenting compelling narratives about the family’s emotional loss to persuade adjusters or juries.
Strategic Insurance Negotiations
Insurance companies often offer low initial settlements to limit payouts. Richmond wrongful death lawyers counter this by presenting a comprehensive demand letter outlining liability, damages, and supporting evidence. Wrongful death settlements are often shaped by how clearly the damages are documented and how firmly the legal team pushes back on undervalued offers. Firms like Emroch & Kilduff leverage their experience to negotiate assertively, rejecting inadequate offers.
They may highlight the insurer’s risk of a costly trial, where Virginia juries may award significant damages for egregious negligence, such as a DUI-related death. Attorneys also ensure negotiations account for all liable parties, such as multiple drivers in a crash or a hospital and an individual doctor in a malpractice case, maximizing potential recovery.
Trial Readiness
If negotiations stall, Richmond wrongful death lawyers at Emorch & Kilduff prepare for trial to pressure insurers into better settlements. They draft compelling legal arguments, rehearse expert testimony, and anticipate defense strategies, such as claims of pre-existing conditions in malpractice cases. The prospect of a trial, with its public exposure and potential for high verdicts, often prompts insurers to offer fairer settlements. Attorneys also ensure compliance with Richmond Circuit Court procedures, thereby enhancing the credibility of the case.
Client-Centered Advocacy
Our Richmond wrongful death attorneys offer empathetic guidance, keeping your family informed and involved throughout the process. They handle all communications with insurers, shielding clients from manipulative tactics, such as pressure to accept quick settlements.
By tailoring strategies to each family’s needs, whether prioritizing swift resolution or maximum recovery, our attorneys build trust and ensure comprehensive compensation. Knowing what to do after an injury can make all the difference—consulting a lawyer early helps preserve evidence, clarify legal options, and prevent costly missteps.
Frequently Asked Questions About Wrongful Death Claims
Who can file a wrongful death lawsuit in Virginia?
In Virginia, the personal representative of the deceased person's estate files the wrongful death claim.
The deceased's will or the court may appoint this individual. They act on behalf of the surviving family members, such as a spouse, children, or other dependents, who are the ultimate beneficiaries of any compensation recovered.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their losses, such as lost income and emotional sorrow.
A survival action, which can be filed alongside a wrongful death claim, seeks to recover damages on behalf of the deceased's estate for the suffering the deceased themselves experienced between the time of injury and their death.
How long will a wrongful death case take to resolve?
The timeline for a wrongful death case varies greatly depending on its complexity. We work to resolve your case as efficiently as possible while ensuring we do not sacrifice the value of your claim.
Contact Our Richmond Wrongful Death Lawyers Now
Another party killed your loved one in a Richmond car crash, and you’re devastated. Retain our Richmond wrongful death lawyers to fight for justice for your family.
Call our Richmond law offices today to discuss your case at (804) 358-1568. Our Emroch & Kilduff wrongful death lawyers in Richmond won’t stop fighting for justice for you and your family.
A contingency agreement compensates our Richmond wrongful death attorneys. This means that we are paid a portion of your settlement or jury award, therefore you pay zero out of pocket legal expenses.
Emroch & Kilduff
7301 Forest Ave #300
Richmond, VA 23226
Phone: (804) 358-1568