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What Is the Statute of Limitations for Wrongful Death in Virginia?

In Virginia, the statute of limitations for wrongful death is generally 2 years under Va. Code § 8.01-244(B).

2 YEARS
Wrongful Death · Virginia
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Virginia

How long do you have to file a wrongful death claim in Virginia?

In Virginia, the statute of limitations for wrongful death is generally 2 years under Va. Code § 8.01-244(B).

When does the clock start for wrongful death in Virginia?

Two years after the death of the injured person.

Can the Virginia deadline for wrongful death be extended?

The action must be brought by the personal representative of the estate. Subsection A addresses the case where the injured person dies with no personal injury action pending before the § 8.01-243 period expires. A dismissed or abated action can be recommenced within a further window.

Is the deadline different if the claim is against the government in Virginia?

Often, yes. Written notice within 1 year (6 months for localities) under Va. Code §§ 8.01-195.6, 15.2-209. Under the Virginia Tort Claims Act, written notice of a claim against the Commonwealth must be filed within one year of accrual (§ 8.01-195.6). Claims against a city, town, or county require notice within six months under § 15.2-209. The two regimes are separa…

How does Virginia compare to other states for wrongful death?

Virginia's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Virginia:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in Virginia

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Virginia attorney can tell you the deadline that applies to your situation.
See every filing deadline in Virginia, or compare wrongful death across all states.
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