Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Both clocks are two years, but the death clock starts at the death.

Two years from death

Va. Code 8.01-244(B) requires every action under 8.01-50 to be brought within two years after the death of the injured person.

Dismissed actions

If a timely action abates or is dismissed without determining the merits, the time it was pending is not counted and another action may be brought within the remaining two years. A voluntary nonsuit is treated differently.

Compared with an injury claim

Personal injury actions must be brought within two years after the cause of action accrues.

A death after an injury

If a person entitled to bring a personal injury action dies of the injury with no action pending after the injury deadline, the statute lets a wrongful death action proceed within its own time limits.

Malpractice

Malpractice has narrow one-year extensions for foreign objects, concealment and certain missed cancer diagnoses.

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.