Office Locations

Leesburg Office

101 Loudoun Street SW
Leesburg, VA 20175
Phone: 703.777.6535
Fax: 703.777.6963

» Get Directions

Winchester Office

302 West Boscawen
Winchester, Va 22601
Phone: 540.667.8889
Toll Free: 888.997.6535

» Get Directions

Legal News

Medical Malpractice Verdict Reduced to Statutory Cap of $1,925,000
CDC Guidelines to Help Prevent a Concussion
Worst States for Overall Nursing Home Staffing
Car Crash Victim Thought to be in Coma for 23 Years was Conscious
Brain injury sustained by young man while playing football as a lineman causes well known author Malcolm Gladwell to write New Yorker piece on the realities of brain injuries in the NFL
Astronomical Profits of Medical Malpractice Insurers Refutes Industry Claim that Frivolous Lawsuits Responsible for High Medical Costs
Fatal Outcome Following Surgery Complication at California Hospital
Maryland Emergency Medical Services Board Changed Guidelines Following a 2008 Helicopter Crash
Increase in Motorcycle Deaths Raise Concerns
Tractor Trailers Lethal on Interstate 81 near Winchester

» more

Practice Areas

Meet Our Team

Frequently Asked Questions

Below are some initial questions many clients have when they first contact Barbara S. Williams, P.C.. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Wrongful Death

Q: Who are the beneficiaries in a wrongful death case?

A: The beneficiaries are defined by Virginia Code § 8.01-53 as follows:

A. The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased or (ii) if there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.1-1. Provided, however, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.
B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification, or (ii) at the time the judgment is rendered if the court specifies the distribution.
C. A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.
(Code 1950, §§ 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c. 444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632.)

Quick contact

Barbara S. Williams, P.C.
101 Loudoun Street SW
Leesburg, VA 20175
Phone: 703.777.6535
Fax: 703.777.6963
Toll Free: 888.997.6535

Get Directions