How Much Time Do I Have to File a Wrongful Death Claim?

Losing a loved one can be very traumatic, even when the loved one’s death is a result of natural causes, such as old age. When death happens unexpectedly as a result of an accident, the death can be even more devastating, and grief even more difficult to overcome. While you may have a wrongful death cause of action, motivating yourself to file a claim in the midst of everything else you’re dealing with can feel like too much. However, you only have so much time to file a wrongful death claim before your right to damages expires. Here’s what you need to know.

Statute of Limitations on Wrongful Death Claims in Virginia

As found in the Code of Virginia Section 8.01-244, actions for wrongful death must be brought within two years from the date of death. Note that this is two years from the date of death, not two years from the date of accident or injury, as is the case with standard personal injury claims. This means that if your loved one was involved in a car accident on January 1, but did not die from their injuries until February 15, you would have two years from the latter date to bring forth a wrongful death claim.

This distinction trips up more families than you might expect. It’s a natural assumption that the clock starts on the day of the crash or the day of the medical error, but Virginia law is specific about tying the deadline to the date of death itself. We’ve talked with families whose loved one survived for weeks or even months in the hospital before ultimately passing, and in those cases, the two years starts fresh from that later date, not from the original incident.

What Happens if the Statute of Limitations Expires?

If the statute of limitations expires, then you will be barred from recovery. There are very rare exceptions to this rule. If the statute of limitations has expired, it is still worth it to talk to a wrongful death attorney about your opportunities. Unfortunately, though, it is very rare for a court to hear cases that have been brought past the statute of limitations.

Taking Action As Soon As Possible Is Critical

While it can be very challenging to do, and very emotional, taking action to meet with an attorney and start the personal injury claims process as soon as possible is critical. This is not just true because you risk breaching the statute of limitations otherwise, but also because key evidence relevant to your claim may be destroyed if too much time passes. If evidence is lost or destroyed, you will have a much more difficult time proving your case and recovering the compensation award that you deserve.

When you call our law firm, we can provide you with advice regarding your right to compensation and whether or not you have a strong claim. If you do have a strong case, we can open an investigation immediately, and manage all elements of collecting evidence and building your case.

Why We Encourage Families to Call Even Before They’re Sure

We understand that in the early weeks after a loss, most families aren’t thinking about lawsuits or legal deadlines at all, and that’s completely understandable. But we’d rather have a family call us too early than too late. A conversation with our office doesn’t commit you to anything, and it costs nothing. What it does is make sure that if a claim exists, it doesn’t slip away simply because the timing never felt right.

• Note the exact date of death, since this — not the date of the original accident or injury — starts the two-year clock
• Preserve any records you already have, including accident reports, hospital records, and insurance correspondence
• Reach out to an attorney promptly, even if you’re not yet certain you want to move forward with a claim

For a fuller look at who is entitled to file a wrongful death claim and what compensation may be recovered, our related discussion on filing a wrongful death claim in Virginia walks through the process from the beginning.

Reach Out to a Wrongful Death Attorney in Virginia Today

We know that nothing can be done to compensate you in full after you’ve lost a loved one. By filing a wrongful death claim, though, you can recover compensation in part for what you’re owed. Reach out to Herbert E. Maxey, Jr. today by phone at 434-969-4873 or online to schedule a consultation and start the wrongful death claims process. We’ve walked alongside families across Central Virginia, including Charlottesville and Halifax, through this exact process for nearly fifty years, and we’ll make sure you understand your options every step of the way.

Frequently Asked Questions

Does the two-year deadline start on the date of the accident or the date of death?

It starts on the date of death, as set out in Code of Virginia Section 8.01-244. In cases where someone survives an injury for a period of time before passing away, this can be significantly later than the original accident date.

What happens if I miss the two-year deadline?

Virginia courts will almost always dismiss a wrongful death claim filed after the statute of limitations has expired, regardless of how strong the underlying case might have been.

Are there any exceptions that extend the filing deadline?

There are very rare exceptions, and it’s still worth speaking with an attorney even if you believe the deadline may have passed, but courts very rarely hear cases filed outside the two-year window.

Why does evidence matter so much in the early stages, on top of the deadline itself?

Key evidence like accident reports, witness recollections, and physical evidence can be lost or destroyed the longer a case goes uninvestigated, making it harder to prove your case even within the filing deadline.

Do I need to already be certain I want to file a lawsuit before calling your office?

No. We encourage families to reach out even when they’re unsure, since a consultation is free and doesn’t commit you to anything, and it protects your options while you decide.

What if my loved one’s death wasn’t immediately connected to an earlier accident or injury?

This is exactly why the date-of-death rule matters. If a connection between an earlier incident and the eventual death can be established, the claim can move forward within two years of the date of death.

Can I still gather evidence and build a case while grieving, without it becoming overwhelming?

Yes. Once you reach out, we take on the investigation and evidence-gathering ourselves, so your family can focus on grieving rather than navigating deadlines and paperwork.

Does the deadline change if the at-fault party was never criminally charged?

No. A wrongful death claim proceeds as a civil matter independent of any criminal case, and the same two-year deadline from the date of death applies regardless of criminal charges.

What should I bring to an initial consultation?

Any records you already have — accident reports, medical records, insurance correspondence, or a death certificate — are helpful, but don’t delay calling if you don’t have everything gathered yet.

Is there a fee to speak with your office about the filing deadline?

No. Consultations are always free, and wrongful death cases are handled on a contingency-fee basis.