# Who can bring a wrongful death claim in Virginia?

Title: Wrongful Death in Virginia: Who Can Bring a Claim
URL: https://roanokecrashhelp.com/wrongful-death-virginia/
Last reviewed: October 13, 2026
Site: Roanoke Crash Help

> We're sorry you're here. In Virginia the claim is filed by the personal representative of the person who died, on behalf of family members the law lists. It generally must be filed within two years of the death.

We are very sorry for your loss. You do not have to read all of this today. Come back when you are ready.

## Who files the claim?

Under [§ 8.01-50](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/), when a death results from another's wrongful act, neglect or default, the party who would have been liable had the person lived may be sued. The action must be brought by and in the name of the decedent's personal representative. (Decedent means the person who died.)

For a deceased infant in a custodial parent's care, administration is granted first to the parent having custody. If no parent or designee applies within 30 days from the infant's death, the usual rules apply (§ 8.01-50).

Not sure what to do next? A three-question quiz on https://roanokecrashhelp.com/accident-lawyers/ points you to the right pages and a short list of Roanoke-area firms.

## Who can receive damages?

Damages go to family members the law lists, in order, under [§ 8.01-53](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-53/). In short:

| Group | Who is included |
| --- | --- |
| 1 | Surviving spouse, children and grandchildren. Parents may share if they regularly received support or services in the 12 months before the death |
| 2 | If there is no one in group 1: the person's parents, brothers and sisters, plus any other relative who depends mainly on the person for support or services and shares the household |
| 3 | A spouse and parent or parents, if there is no child or grandchild |
| 4 | Survivors under group 1 or 3, plus dependent household relatives |
| 5 | If there are no survivors, distribution follows § 64.2-200 |

Children adopted after the death are included, unless the person's parental rights were terminated before death. That applies to adoptions finalized on or after July 1, 2024.

## What can be claimed?

[Section 8.01-52](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-52/) lists the kinds of damages a court or jury may award:

- sorrow, mental anguish and solace, including loss of companionship, comfort, guidance and advice
- reasonably expected lost income and the value of services, protection, care and assistance
- medical expenses from the injury
- reasonable funeral expenses
- punitive damages for willful or wanton conduct

Medical expenses, funeral expenses and punitive damages must be stated specifically. The section sets no dollar cap on the other items. Punitive damages are subject to a separate limit in [§ 8.01-38.1](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38.1/): $350,000 in total against all defendants.

## How long do you have?

The personal representative must bring the action within two years after the death, under [§ 8.01-244](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/). Claims involving a city, county or the state have shorter written notice windows. See the [deadline checker](https://roanokecrashhelp.com/claim-deadline-checker/) for your dates, then confirm them with a lawyer.

## Does a settlement need court approval?

There is a related rule for people who cannot manage their own affairs. Under [§ 8.01-424](https://law.lis.virginia.gov/vacode/title8.01/chapter13/section8.01-424/), a court where a matter is pending may approve a compromise for a minor or a disabled person, using the standard of whether it is "to the interest of the party." An approval order binds that person and can be set aside only for fraud. Ask a lawyer whether this applies to your family.

## What should the family do first?

- [ ] Take care of yourselves first. Eat, rest and lean on people you trust.
- [ ] Keep the crash report, death certificate and funeral bills in one folder.
- [ ] Do not sign anything from an insurer yet. See [what to say to an adjuster](https://roanokecrashhelp.com/insurance-adjuster/).
- [ ] Write down the date of death and the date and place of the crash.
- [ ] Find out who is, or will be, the personal representative.
- [ ] Check your dates with the [deadline checker](https://roanokecrashhelp.com/claim-deadline-checker/).
- [ ] When you feel ready, talk to a lawyer. Read about [how long a claim takes](https://roanokecrashhelp.com/injury-claim-timeline/).

## Who can help?

Firms that handle these cases, chosen by our editors. These are not rankings, and they are not promises about results.

- Fishwick & Associates PLC (Car accident, Truck accident, Motorcycle accident, Bicycle accident, Brain injury, Personal injury, Uninsured motorist accidents): 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 · (540) 345-5890
- Marks & Harrison (Car accidents, Commercial truck accidents, Uber, Lyft, and ridesharing accidents, Motorcycle accidents, Bicycle accidents, Pedestrian accidents, Wrongful death): 34 Campbell Ave SW, STE 130, Roanoke, VA 24011 · (540) 258-4215
- Williams DeLoatche, P.C. (Personal Injury, Car Accident Attorneys, Truck Accidents, Pedestrian-Car Accident Lawyer, Motorcycle Accidents, Bike Accident, Wrongful Death): 3042 Brambleton Ave SW, Roanoke, VA 24015 · (540) 385-5555

## Common questions

### What is a personal representative?

A personal representative is the person who handles the estate of someone who has died. In Virginia, a wrongful death action must be brought by and in the name of the decedent's personal representative. Special rules apply if the person who died was an infant in a custodial parent's care. A lawyer can explain how someone is appointed.

### Can a parent bring a wrongful death claim?

A parent may be among the people who can receive damages, depending on the family. Parents may share with a spouse and children if they regularly received support or services in the 12 months before the death. The claim itself is filed by the personal representative, not by an individual relative.

### How long do we have to file?

Generally, the action must be brought within two years after the death of the injured person. Exceptions and different rules can apply, especially when a government body is involved. Please use our free deadline checker for an estimate and speak with a lawyer as soon as you feel able.

### Is a wrongful death claim a criminal case?

No. A wrongful death claim is a civil action brought for the family. It is separate from any criminal case the state may bring. This page covers only the civil claim under Virginia's wrongful death statutes. A lawyer can explain how the two relate in your situation.

## Sources

- [Code of Virginia § 8.01-50, wrongful death action](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/)
- [Code of Virginia § 8.01-52, damages](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-52/)
- [Code of Virginia § 8.01-53, beneficiaries](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-53/)
- [Code of Virginia § 8.01-244, wrongful death limit](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/)
- [Code of Virginia § 8.01-424, court approval of settlements](https://law.lis.virginia.gov/vacode/title8.01/chapter13/section8.01-424/)
- [Code of Virginia § 8.01-38.1, punitive damages cap](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38.1/)