Wrongful Death Lawsuits in Virginia
Who can bring a wrongful death claim in Virginia, the deadline to file, and any limits on damages.
Short answer: The action must be brought by and in the name of the personal representative of the person who died. Va. Code §§ 8.01-50(C), 8.01-53(A)
| Who can sue for wrongful death | The action must be brought by and in the name of the personal representative of the person who died. Damages go to (1) the surviving spouse, children and children of a deceased child, and, if there is a surviving spouse or children, parents who regularly received support or services from the person in the 12 months before death; or (2) if none of those, the parents, brothers and sisters, and any other relative who was primarily dependent on the person and lived in the same household; or (3) if there is a spouse and parents but no children or grandchildren, the spouse and parents; or (4) if no one in those groups survives, the heirs under intestacy law. A parent whose parental rights were terminated cannot be a beneficiary. |
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| Wrongful death deadline | Two years after the death. If an earlier timely wrongful death action is dismissed without a decision on the merits, the time it was pending does not count (special rules apply to voluntary nonsuits). Source: Va. Code § 8.01-244(B) |
| Damage caps | No statutory cap on compensatory damages in general injury cases was found. Virginia caps total recovery in medical malpractice cases and caps punitive damages at $350,000 in all cases. |
More Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Virginia
- Medical Malpractice Rules in Virginia
- Car Accident Claims in Virginia
- Dog Bite Liability in Virginia
- Motorcycle Accident Claims in Virginia
- Pedestrian Accident Claims in Virginia
- Bicycle Accident Claims in Virginia
- Uber and Lyft Accident Claims in Virginia
- Truck Accident Claims in Virginia
- Construction Site Injuries in Virginia
- All Virginia personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Virginia?
The action must be brought by and in the name of the personal representative of the person who died. Damages go to (1) the surviving spouse, children and children of a deceased child, and, if there is a surviving spouse or children, parents who regularly received support or services from the person in the 12 months before death; or (2) if none of those, the parents, brothers and sisters, and any other relative who was primarily dependent on the person and lived in the same household; or (3) if there is a spouse and parents but no children or grandchildren, the spouse and parents; or (4) if no one in those groups survives, the heirs under intestacy law. A parent whose parental rights were terminated cannot be a beneficiary.
How long do you have to file a wrongful death lawsuit in Virginia?
Two years after the death. If an earlier timely wrongful death action is dismissed without a decision on the merits, the time it was pending does not count (special rules apply to voluntary nonsuits).
Does Virginia cap damages in personal injury cases?
No statutory cap on compensatory damages in general injury cases was found. Virginia caps total recovery in medical malpractice cases and caps punitive damages at $350,000 in all cases.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.