fbpx skip to Main Content

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 suit a claim in the midst of everything else you’re dealing with can feel too emotional. 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.

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.

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 personal injury claim, though, you can recover compensation in part for what you’re owed. Reach out to our law firm today by phone or online to schedule a consultation and start the wrongful death claims process

Back To Top