What is the statute of limitations for filing a wrongful death claim?

In Virginia, the statute of limitations for filing a wrongful death claim is two years from the date of death. In order to effectively file a wrongful death claim, the decedent’s personal representative or estate administrator must begin the process within two years of the victim’s death. It is also important to note that if the claim is not filed within two years from the victim’s death, the claim may become void and unable to be brought. Some exceptions to this law may apply in certain cases, such as if the victim was under the age of 18 or the death was a result of medical malpractice. The law may also be extended if the victim’s death was a result of occupational diseases, injuries, or other workplace incidents. If the negligence of a defendant is only known or discovered after the two-year statute of limitations has expired, a lawsuit can still be filed up to a year after the person discovered the negligence. To proceed with a wrongful death lawsuit, it is important to be aware of the state’s statute of limitations in order to ensure that the claim will be accepted and effective. If the claim is not filed within the allotted two-year timeframe, it is very likely that a wrongful death lawsuit cannot proceed.

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What is the statute of limitations for filing a wrongful death claim?

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