In Virginia, like elsewhere in the country, driving under the influence of alcohol or drugs is against the law. However, despite the known dangers and potential criminal consequences of drunk driving, there are approximately 7,500 Virginia DUI car accidents each year. Not surprisingly, roughly half of these accidents result in injuries and about 250 result in at least one fatality.
Virginia’s Wrongful Death Statute
When someone is killed due to the negligence of another, the surviving family members of the accident victim may be able to pursue a claim for financial compensation against the at-fault parties. This is referred to as a Virginia wrongful death claim.
Under Virginia Code § 8.01-53, a wrongful death claim is brought by the personal representative of the accident victim’s estate for the benefit of the statutory beneficiaries of the accident victim. The statutory beneficiaries are the surviving spouse, any children of the deceased, as well as any grandchildren of the deceased (if the accident victim’s child is also deceased). If no person fits in the above category, the claim can be brought on behalf of parents, siblings, or any other relative who lived with the victim and relied upon them for support.