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A Death Somebody Caused

Va. Code 8.01-50 — the personal representative sues, within two years after the death

In Virginia, when a death is caused by the wrongful act, neglect or default of any person or corporation, and the injured person could have sued had they lived, the one who would have been liable is liable to an action for damages, even where the circumstances amount to a felony.

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The personal representative brings it. Every action is brought by and in the name of the personal representative of the deceased. A separate action for a fetal death belongs to the natural mother.

  • First, the surviving spouse, children and children of any deceased child, and parents who regularly received support or services from the decedent within the 12 months before the death.
  • If there is no spouse, child or grandchild, the parents, brothers and sisters, and any relative primarily dependent on the decedent and living in the same household.
  • If there is a spouse and a parent but no child or grandchild, the spouse and the parents.

Two years after the death. Every action is brought by the personal representative within two years after the death of the injured person. If it abates or is dismissed without a decision on the merits, the time it was pending does not count.

The questionThe statute's answer
The questionWho filesThe statute's answerThe personal representative of the deceased, in that name
The questionWho receives itThe statute's answerThe classes the section sets out in order, beginning with spouse, children and grandchildren
The questionHow longThe statute's answerTwo years after the death

The damages the jury may award, settlement approval and the rules for a fetal death are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Virginia attorney.

Sources for this section (3)
  1. Va. Code 8.01-50 — Action for death by wrongful act; how and when to be brought
  2. Va. Code 8.01-53 — Class and beneficiaries; when determined
  3. Va. Code 8.01-244 — Actions for wrongful death; limitation

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 2 yearsSuing for wrongful death · from the death of the injured person

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