Bereaved Rights

State wrongful death guide

Virginia Wrongful Death Law Guide

Virginia wrongful death claims must be filed by the estate’s personal representative within two years, with recovery for economic losses, companionship, and sorrow.

Quick facts for Virginia

  • Who can file: Virginia requires the wrongful death action to be brought by the personal representative of the decedent’s estate. Damages are distributed to a statutory class of beneficiaries that includes the spouse, children, grandchildren, parents, siblings, and other dependents.
  • Deadline to file: Most Virginia wrongful death lawsuits must be filed within two years of the date of death.
  • Key statute: Va. Code Ann. § 8.01-50 to 8.01-56

Types of compensation families may pursue

  • Sorrow, mental anguish, and solace
  • Loss of companionship, comfort, and guidance
  • Medical expenses and funeral costs
  • Lost income and financial support
  • Punitive damages (capped)

Punitive damages in Virginia are capped at $350,000. There is no general cap on compensatory damages.

Virginia wrongful death law: a guide for grieving families

Virginia’s wrongful death laws recognize not only the financial impact of a preventable death but also the emotional and relational loss a family suffers. When you’re grieving, legal details may feel like the last thing you can take in. This guide gently explains the basics so you can understand your options without feeling overwhelmed.

1. What is “wrongful death” in Virginia?

A wrongful death occurs when someone’s wrongful act, neglect, or default causes a person’s death. If the deceased could have brought a personal injury case had they survived, a wrongful death action can be filed instead.

Common examples:

  • Fatal motor vehicle crashes
  • Medical negligence
  • Nursing home neglect
  • Dangerous property conditions
  • Defective products

2. Who files the lawsuit?

Only the personal representative of the estate may file the wrongful death action.

3. Who receives damages?

Virginia’s “statutory beneficiaries” include:

  • Spouse
  • Children and grandchildren
  • Parents and siblings
  • Family members who were dependent on the deceased

The court determines how to distribute damages based on the closeness of the relationship and the degree of dependency.

4. What damages can be recovered?

Families may recover for:

  • Sorrow, mental anguish, and solace
  • Loss of companionship, comfort, guidance
  • Medical and funeral expenses
  • Lost income and services
  • Punitive damages (up to $350,000 in extreme cases)

5. Statute of limitations

Most claims must be filed:

  • Within two years of the date of death

6. Key steps for families

  • Identify the personal representative
  • Collect bills, receipts, and employment records
  • Request accident reports and medical records
  • Speak with a Virginia wrongful death attorney early

Disclaimer

This is general information only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Virginia? +

Virginia law requires most wrongful death lawsuits to be filed within two years of the date of death. Courts enforce this deadline strictly. Filing after the two-year limit usually results in the case being dismissed, regardless of its merits. This answer is informational only and not legal advice.

What damages are available in a Virginia wrongful death case? +

Virginia allows recovery for both economic and noneconomic losses, including sorrow and mental anguish, loss of companionship, medical expenses, funeral costs, and lost income. The state also permits punitive damages in egregious cases, but they are capped at $350,000. This answer is general information only and not legal advice.

Who can file a wrongful death lawsuit in Virginia? +

Virginia requires a wrongful death lawsuit to be filed by the personal representative of the deceased person's estate. Family members do not file individually. Instead, the personal representative brings the action and the court distributes any recovery among statutory beneficiaries. Beneficiaries may include the spouse, children, grandchildren, parents, siblings, or other dependents. This answer is informational only and not legal advice.