If the person that was killed has a spouse and children, then the spouse and the children are entitled to recovery under Virginia law. If the deceased has a child that died before him but had children, then the deceased child’s children make can make a recovery.
If the person that is deceased has not spouse or children, then the family member that can recover in a Virginia wrongful death case are the parents, brothers , and sisters of the decedent. Also included in this category is any relative who is primarily dependant on the deceased for support or services and is a member of the same household of the person that was killed.
If the deceased leaves a spouse and no children and his parents a still alive, the spouse and the parents are entitled to be included in the distribution of a Virginia wrongful death settlement or verdict.
The Virginia Code says that if there are survivors under I, II, or III then the distribution should be made to those members plus any relative who is primarily dependant on the decedent for support or services and is a member of the same household as the person killed. This language is a little strange because it is already used in describing Class II but now the dependant relative of the household is given the ability to recovery with members of all three Classes.
If the decease person does not leave any relatives described under Classes I-IV then the award should be distributed as provided for in Virginia Code Section 64.1-1. This code section is only consided if there is no family member in Class I-IV.
