Covington, VA asked in Wrongful Death for Virginia

Q: What is the amount of time till you can file wrongful death in virginia?

I'm under age my mother passed in a wreck with a drunk driver. I'm not sure if my family filed or not.

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2 Lawyer Answers

Thomas H. Roberts Esq

  • Richmond, VA
  • Licensed in Virginia

A: When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

Sean R Hanover agrees with this answer

Sean R Hanover

  • Fairfax, VA
  • Licensed in Virginia

A: You must file a wrongful death suit within two years after the death. However, if the decedent died more than two years after the injury without having brought suit, the action is barred.

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