How long do I have to file a wrongful death claim?
In Virginia, you typically have two years to file a wrongful death claim. This time period, known as a “statute of limitations”, begins on the date of the victim’s death. In some cases, the statute of limitations period can begin on the date the victim learned that they were injured, or on the date they received medical treatment for the injury that led to their death. In any case, it is important to file your wrongful death claim within the two years in order to bring your case to court. If the two-year time limit has expired, you may still be able to pursue a claim, but the success of your case is less likely. Some exceptions to the two-year rule are if the death was caused by a government entity, or if there was fraud, misrepresentation, concealment, or other act to prevent the victim from filing a claim for wrongful death. If you have questions about the statute of limitations for wrongful death in Virginia, or think that an exception may apply to your case, it is best to contact an experienced wrongful death attorney. They will be able to review the details of your case and advise you of the best course of action.
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