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Brien Roche Law > Blog > Wrongful Death > Wrongful Death-Limitations

Wrongful Death-Limitations

Wrongful death attorney addresses statute of limitations.

The statute of limitations in a wrongful death action is typically two years from the date of death in Virginia.  If however the death occurred in another state, then it may be that the statute of limitations associated with that wrongful death statute controls.  Normally, an action pending in the state of Virginia would be governed by the Virginia statute of limitations.  That, however, may vary with a wrongful death action.  With a wrongful death action the limitation period is deemed to be part of the cause of action.  What that means is that the statute of limitations is literally a part of the claim and therefore the state law where the death occurred is going to be controlling.  If the death occurred in the state of Florida, then the statute of limitations for a wrongful death action in Florida may govern even though the lawsuit is filed in Virginia.

For any action that is filed in the state of Virginia it is critical to keep in mind that an administrator or personal representative must be appointed for the estate before the action can be filed.  If the administrator is not properly appointed, then that may mean that there is no proper action filed and therefore the statute of limitations was never tolled or stopped from running. 

For more information on wrongful death actions, see the other pages on this site.  

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