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).
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:
