Who Can File a Wrongful Death Claim in Virginia

By the FigureMyTax Editorial Team · How we calculate

Virginia has one plaintiff, the personal representative, and a statutory list of who is paid.

Who sues

Every action under 8.01-50 must be brought by the personal representative of the decedent within two years after the death.

The cause of action

Va. Code 8.01-50 lets an action be brought when a death is caused by the wrongful act, neglect or default of any person or corporation that would have entitled the injured party to sue had death not ensued.

Who is paid

Under 8.01-53 the damages go to the surviving spouse, the children, and the children of a deceased child. Parents share only if there is a surviving spouse, child or grandchild and they regularly received support or services from the decedent within the prior 12 months.

If there is no spouse or child

The award goes to the parents, siblings and a dependent household relative; if no one qualifies, it is distributed by the rules of descent.

Terminated parental rights

A parent whose parental rights were terminated by a court, or by a permanent entrustment agreement, is excluded.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Virginia's rules apply to your specific case with a licensed Virginia attorney.