Punitive damages may apply in willful misconduct cases but are capped at $350,000.
Singleton explains that Virginia's strict contributory negligence rule remains a significant challenge, as any fault attributed to the deceased can bar recovery.
Insurance adjusters often look for any indication of shared fault.
Building a complete evidentiary record early—through accident reports, witness statements, and expert testimony—often protects a family's claim, Singleton adds.
A wrongful death claim must generally be filed within two years of the death under Va.
Code § 8.01-244, limiting the time for families to act while grieving and arranging legal representation.
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GibsonSingleton Virginia Injury Attorneys serve families across Gloucester County, the Middle Peninsula, and Hampton Roads, guiding them through legal options after losing a loved one due to negligence.
