skip to Main Content

Virginia Beach Wrongful Death Lawyer

Wrongful death lawyer in Virginia BeachWhen you are faced with the death of a loved one, you are not only faced with a process of grieving, but you may also have to put the person’s affairs in order and plan for a funeral. While this is stressful enough on its own, some people also must process that the death of their family member was caused or hastened by someone’s negligence.

At The Law Firm of Carlton F. Bennett, PLLC, our Virginia Beach wrongful death lawyer is an experienced, trustworthy advocate for grieving families. We know that the death of a parent, child, relative, or special friend is extremely difficult. Our lawyers are sensitive to your loss and will guide you carefully through the legal process with compassion so that you can tend to the other responsibilities that arise from your loss. Call our Virginia Beach law office today to schedule a free, confidential consultation with a wrongful death attorney.


Wrongful death cases arise when a person, doctor, nurse, or corporation negligently causes the death of another person. Through a wrongful death claim, close loved ones of the victim can seek justice and much needed financial support through a difficult time. These cases can arise out of many circumstances such as:

  • Automobile or motorcycle accidents
  • Pedestrian accidents
  • Trucking or tractor-trailer accidents
  • Surgeries or other hospital procedures
  • Medication prescriptions
  • Drowning
  • Head injury
  • Medical or nursing home malpractice

The attorneys at The Law Firm of Carlton F. Bennett, P.L.L.C., have represented many clients throughout Virginia on wrongful death claims in a variety of areas. We utilize capable experts, including economic and vocational rehabilitation experts, to ensure that all possible damage claims are fairly presented on your behalf.


Wrongful death claims are complex. While nothing can ever make up for the loss of a loved one, you and your family need justice and accountability. Carlton F. Bennett has represented many clients throughout Virginia on wrongful death claims in a variety of areas. Our law firm utilizes capable experts, including economic and vocational rehabilitation experts, to ensure that all possible damage claims are fairly presented on your behalf.

We are committed to providing personalized representation to every family. Our Virginia wrongful death lawyer will put in the time and energy needed to get the best possible outcome. We will carefully explain your rights under Virginia’s wrongful death law, answer your questions, and initiate a comprehensive investigation of the accident. With a history of successful case results for our clients, our legal team is more than ready to get started on your claim.

How Long Do I Have To File a Wrongful Death Claim?

Virginia wrongful death statute of limitationIf you tragically lost a loved one in an accident in Virginia, pursuing a legal claim might be the last thing on your mind. As you face expenses such as funeral and burial costs and unpaid medical bills, you must be mindful of important court deadlines and filing rules.

Virginia wrongful death laws permit a deceased person’s surviving family to file a lawsuit if the death resulted from another party’s negligent or wrongful act. However, these claims must be brought before a certain deadline. This deadline is called the statute of limitations.

The length of time set by the statute of limitation varies based on the subject matter of the lawsuit. The Virginia wrongful death statute of limitations gives the personal representative of the decedent’s estate two years from the date of death to file a lawsuit. If a wrongful death claim is not filed within two years, the family might be barred from bringing a lawsuit. That means you will not be able to pursue compensation for your damages.

It’s also important to file as soon as possible because waiting too long could jeopardize your claim. This is because critical evidence could get lost, go missing, or get destroyed. Additionally, law enforcement reports might get misplaced. When it comes to eyewitnesses, their memories may fade over time and hurt your chances of eliciting valuable testimony. Even worse, defendants can move out of state or re-title their assets to shield themselves from having to pay your family compensation. Ensuring all the evidence is gathered and protected during the pendency of your claim is vital.

Statutes of limitation rules can get complicated. Lawyers for wrongful death in VA Beach can assist you in determining when the statute of limitations begins and ends for your case and whether an exception applies. The Law Firm of Carlton F. Bennett can review your case, analyze the facts, determine when you must file, and take care of all the paperwork and filing on your behalf.

Wrongful Death Case Result

Doe, age 93, suffered from dementia and was a resident of Woe Assistant Care Center. Doe required extensive assistance for transfers to and from her recliner chair. Two staff aides would routinely raise her recliner chair to a standing position and then transfer her to a wheelchair to be taken to the bathroom for toileting. Two aides responded to Doe’s call for assistance to go to the bathroom, used the recliner to raise her to a standing position and assisted her to her wheelchair and to the bathroom. The aide’s then brought her back to her chair, but left her in a standing position in front of her chair and provided no assistance to get her back in her chair. Doe fell, suffering a severe fracture to her left leg and underwent surgery her injuries requiring plating and screws and returned to Woe Assistant Care Center bedridden and completely immobile. Doe developed pressure wounds and her condition continued to deteriorate and Doe had to be transferred to hospice where she died 4 months after her fall.


At The Law Firm of Carlton F. Bennett, P.L.L.C., our Virginia Beach wrongful death lawyer is a compassionate, effective advocate for families. We have more than six decades of combined experience working on cases just like these, and we can put that experience to work for you. Please call 757-486-5454 to schedule your free consultation, or complete and submit our online contact form. With a law office in Virginia Beach, we represent families throughout the Hampton Roads area.

Back To Top