Midlothian, VA asked in Personal Injury for Virginia

Q: If our family wants to file a wrongful death suit, how much time does it have to do it?

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1 Lawyer Answer
Thomas H. Roberts Esq
Thomas H. Roberts Esq
Answered
  • Richmond, VA
  • Licensed in Virginia

A: In Virginia, 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).

Wrongful death actions did not exist at common law, but were authorized by legislation. They are therefore controlled by statute.

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