Deceased person’s personal injury lawsuit
Yes. In Virginia, if a person is injured in a car accident due to the negligence of another and that injured person later dies of causes unrelated to the car accident, the deceased person’s representative can pursue the deceased person’s personal injury lawsuit—any amount recovered in such a personal injury lawsuit become assets of the deceased person’s estate.
The Virginia Code section addressing the survival of causes of action following the death of a plaintiff reads as follows:
Every cause of action whether legal or equitable, which is cognizable in the Commonwealth of Virginia, shall survive either the death of the person against whom the cause of action is or may be asserted, or the death of the person in whose favor the cause of action existed, or the death of both such persons.
Provided that in such an action punitive damages shall not be awarded after the death of the party liable for the injury.
Provided, further, that if the cause of action asserted by the decedent in his lifetime was for a personal injury and such decedent dies as a result of the injury complained of with a timely action for damages arising from such injury pending, the action shall be amended in accordance with the provisions of § 8.01-56.
As used in this section, the term “death” shall include the death of an individual or the termination or dissolution of any other entity.
Compensatory damages
The same kinds of compensatory damages that can be awarded in any other personal injury case can be awarded in cases brought pursuant to the Virginia Code section quoted above.
However, punitive damages cannot be awarded in personal injury actions brought pursuant to the Virginia Code section quoted above if the defendant has died.
It should also be noted that if a person injured in a car accident due to the negligence of another driver later dies of injuries sustained in the car accident, the personal representative of the decedent’s estate can bring a wrongful death action against the negligent driver.
Contact our personal injury lawyers in Virginia Beach.
Questions regarding the survival of personal injury actions after the death of an injured person are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
Such an experienced personal injury lawyer can assess whether an injury claim should be brought pursuant to the above-quoted statute or as a wrongful death action.
The experienced personal injury lawyer can also advise on the value of the injury or wrongful death claim, guide the deceased person’s family through filing an injury claim with the applicable insurance company or companies, and file the appropriate lawsuit if necessary.
Related Injury Law FAQ’s
Items a plaintiff can seek compensation for in a personal injury lawsuit.
Award of punitive damages in drunk driving cases in Virginia.
Wrongful death actions in Virginia.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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