State file: Virginia

Wrongful Death Attorneys in Virginia: Your Complete Legal Guide

4 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Virginia’s wrongful death law sits in one article of the Code, which sets out the cause of action, the damages and the statutory beneficiaries. Every action is brought by the personal representative of the person who died, and it must be filed within two years after the death. The same limitations section contains special rules for cases that are dismissed, abated or nonsuited, which can affect the time to refile.

Virginia Wrongful Death at a Glance

Question Virginia answer
Where is the law? An article of Title 8.01 of the Code, beginning with Va. Code 8.01-50
Who files? The personal representative (8.01-244(B))
Deadline Two years after the death (8.01-244(B))
Dismissal, abatement, nonsuit Statutory rules in 8.01-244(B)
Damages Sorrow, mental anguish and solace; expected income; services and care; medical and hospital expenses; funeral expenses; punitive damages in qualifying cases (8.01-52)
Beneficiaries Classes starting with the spouse, children, descendants of a deceased child and certain supported parents (8.01-53)

Who Brings the Case

Virginia Code 8.01-244(B) states that every action under 8.01-50 is brought by the personal representative of the person who died. The article that contains 8.01-50 also sets out the damages that may be awarded and the statutory beneficiaries who share in the recovery.

What Can Be Recovered

Virginia Code 8.01-52 lists the damages a verdict may include:

  • sorrow, mental anguish and solace;
  • the income the person would have been expected to provide;
  • the services, protection, care and assistance the person provided;
  • medical and hospital expenses;
  • reasonable funeral expenses; and
  • punitive damages for willful or wanton conduct, or for recklessness showing a conscious disregard for the rights of others.

Section 8.01-53 sets the beneficiary classes. The first class includes the surviving spouse, the children, the descendants of a deceased child and certain parents the person supported. Other classes apply when there are no such beneficiaries, the section covers certain dependent relatives, and Virginia’s law of descents is the fallback.

The Deadline

The action must be brought within two years after the death (8.01-244(B)). The same subsection contains rules that apply when an action is dismissed, abates or is nonsuited, which govern the time available to bring it again. Whether one of those rules applies depends on how the earlier action ended.

Topics This Guide Does Not Cover

The survival statute, the Virginia Tort Claims Act, the medical malpractice damages limit and Virginia’s contributory negligence rule were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Virginia

1. Allen & Allen

A multigenerational Virginia institution with over 110 years of history and one of the state’s most powerful wrongful death practices. They handle both general wrongful death claims and the more complex medical malpractice claims subject to the statutory ceiling. Their meticulous preparation – deploying top economic and medical experts – maximizes recovery in either framework.

2. Coplan & Crane, Ltd.

Highly specialized in medical malpractice and catastrophic fatal injuries. In medical malpractice cases, where all damages count against the same statutory ceiling, they are experts at strategic damage prioritization: presenting the strongest mix of provable economic losses, loss of companionship, and survival action damages to maximize total recovery up to the applicable cap.

3. Marks & Harrison

One of the largest and most geographically distributed injury firms in Virginia. Their statewide network ensures rapid response and deep local court knowledge. They handle both general negligence wrongful death claims and capped medical malpractice wrongful death cases, and are skilled at navigating Virginia’s pure contributory negligence defense to preserve the family’s right to recovery.

Frequently Asked Questions

Who files a wrongful death case in Virginia?

The personal representative of the person who died.

How long is the filing period?

Two years after the death, under Va. Code 8.01-244(B).

What if an earlier wrongful death case was nonsuited?

Section 8.01-244(B) contains rules for actions that are dismissed, abate or are nonsuited; they determine the time to bring the action again.

Sources and Last Review

Code of Virginia sections 8.01-50, 8.01-52, 8.01-53 and 8.01-244. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Virginia law, not legal advice about a specific death.