Losing a loved one due to another's negligence is devastating. Virginia law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Virginia statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under Va. Code § 8.01-50, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and siblings (in order of priority). Virginia allows recovery for sorrow, mental anguish, loss of society, companionship, comfort, guidance, and loss of financial support — a relatively broad damages standard.
Virginia-Specific Tip
Virginia's contributory negligence rule applies to wrongful death cases — if the deceased was even 1% at fault, recovery may be barred entirely. This makes establishing the at-fault party's 100% responsibility critical. Virginia has a 2-year statute of limitations for wrongful death claims (Va. Code § 8.01-244).
📊 Virginia allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Virginia wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. Virginia's contributory negligence rule applies to wrongful death cases — if the deceased was even 1% at fault, recovery may be barred entirely. This makes establishing the at-fault party's 100% responsibility critical. Virginia has a 2-year statute of limitations for wrongful death claims (Va. Code § 8.01-244).
Under Va. Code § 8.01-50, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and siblings (in order of priority). Virginia allows recovery for sorrow, mental anguish, loss of society, companionship, comfort, guidance, and loss of financial support — a relatively broad damages standard.
Under Va. Code § 8.01-50, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children, parents, and siblings (in order of priority). Virginia allows recovery for sorrow, mental anguish, loss of society, companionship, comfort, guidance, and loss of financial support — a relatively broad damages standard. Contact a Virginia wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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