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.
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 question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe personal representative of the deceased, in that name |
| The questionWho receives it | The statute's answerThe classes the section sets out in order, beginning with spouse, children and grandchildren |
| The questionHow long | The 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)
- Va. Code 8.01-50 — Action for death by wrongful act; how and when to be brought
- Va. Code 8.01-53 — Class and beneficiaries; when determined
- 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.