What is a wrongful death statute of limitations?

In Virginia, the wrongful death statute of limitations is two years. This means that if someone loses a loved one due to the negligience, recklessness, or intentional actions of another, that person has two years from the date of the death to file a wrongful death lawsuit in court. The statute of limitations is an important legal concept because it determines how long someone has to file a lawsuit. If a lawsuit is not filed within the allotted time frame, then the person filing the lawsuit may be unable to seek legal recourse for their loss. It is important to keep in mind that the statute of limitations also varies depending on the type of claim brought, and the laws can also be more complicated depending on the type of claim. Though the wrongful death statute of limitations is set at two years in Virginia, there are some exceptions that can extend this time frame, such as if the wrongdoer was a government agency or if it was a medical malpractice case. Additionally, if the family of the deceased needs more time for discovery of evidence or to gather the necessary documents to file a lawsuit, then a motion can be made in court to extend this period. To sum up, the wrongful death statute of limitations in Virginia is two years, but certain exceptions can extend this time frame. If the family of the deceased does not take action within this time frame, then they may be unable to seek legal recourse for their loss.

Related FAQs

Are wrongful death suits impacted by state law?
What is a wrongful death statute of limitations?
Are compensatory damages available for a wrongful death claim?
How long does a wrongful death suit take to go to court?
How does a wrongful death lawsuit affect the estate of the deceased?
Is a wrongful death claim the same as a wrongful death suit?
Are wrongful death cases resolved through mediation or arbitration?
Can a wrongful death claim be filed against a private employer?
How is causation proven in a wrongful death claim?
Do I need a lawyer for a wrongful death case?

What is a wrongful death statute of limitations?

Related FAQs

Related Blog Posts