Losing someone you love is devastating on its own. When that loss comes from another person’s negligence, the grief arrives tangled up with financial uncertainty — especially when the person you lost helped hold the household together. No amount of money can undo it. But a wrongful death claim can ease the financial weight and hold the responsible party accountable, and Decker Law can carry that fight for you. Call 757-622-3317 for a free, confidential consultation
WHAT A WRONGFUL DEATH CLAIM CAN DO FOR YOUR FAMILY
Virginia law gives a grieving family a specific path to recovery. A wrongful death claim is brought by the personal representative of the estate on behalf of the statutory beneficiaries — usually the surviving spouse and children, and in some cases parents or other dependents (Va. Code § 8.01-50). It can seek compensation for the family’s sorrow and lost companionship, for the income and services the loved one provided, and for medical and funeral costs (Va. Code § 8.01-52). The Commonwealth generally allows two years from the date of death to file (Va. Code § 8.01-244).
These claims can arise from almost any kind of negligence — a car or truck crash, a medical error, a defective product, or a preventable workplace accident. Whatever the cause, we investigate it fully, bring in the experts a strong case needs, and deal with the insurers and their lawyers — so your family can focus on grieving while we pursue the accountability and the recovery you’re owed.
WRONGFUL DEATH CLAIMS: WHAT TO KNOW
Who can file a wrongful death claim in Virginia?
The estate’s personal representative files on behalf of the statutory beneficiaries — typically the surviving spouse and children, and in some cases parents or other dependents (Va. Code §§ 8.01-50, 8.01-53).
What compensation is available?
The family’s sorrow and loss of companionship, the loved one’s lost income and the services they provided, and medical and funeral expenses (Va. Code § 8.01-52). Punitive damages may be possible where the conduct was especially reckless.
How is this different from a criminal case?
A criminal case punishes the wrongdoer; it does not compensate your family. The wrongful death claim is separate and civil, and it can move forward on its own — a criminal conviction is not required.
How long do we have to file?
Generally two years from the date of death (Va. Code § 8.01-244). We handle the deadlines and the process so your family doesn’t have to track them.
WHY THE INJURED CHOOSE DECKER
We carry the legal weight
You focus on your family. We handle the investigation, the insurers, and the paperwork, start to finish.
We pursue full accountability
We identify everyone responsible and every source of recovery, and we press the case as far as it needs to go.
Pay nothing unless we win
We work on contingency, so there are no upfront fees and no cost to your family unless we secure compensation.
MEET OUR LAWYERS
Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
There’s no pressure and no rush from us — only a team ready to shoulder the legal side while your family grieves. When you’re ready, reach us by text, chat, phone, or email, or call 757-622-3317.
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