A. Notwithstanding the provisions of subsection B of § 8.01-229, if a person entitled to bring an action for personal injury dies as a result of such injury with no such action pending before the expiration of the limitations period set forth in § 8.01-243, then an action under § 8.01-50 may be commenced within the time limits specified in subsection B or as provided in subsection K of § 8.01-229.
§ 8.01-244.Actions for wrongful death; limitation.
Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-244 requires the personal representative of a decedent to bring a wrongful death action under § 8.01-50 within two years after death, with the pending-time of an abated or dismissed suit excluded from that period and nonsuit governed instead by the death-related tolling rule of § 8.01-229.
Full Text of § 8.01-244
B. Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person. If any such action is brought within such period of two years after such person's death and for any cause abates or is dismissed without determining the merits of such action, the time such action is pending shall not be counted as any part of such period of two years and another action may be brought within the remaining period of such two years as if such former action had not been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant to § 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal pursuant to this subsection, and the provisions of subdivision E 3 of § 8.01-229 shall apply to such a nonsuited action.
Plain-English Summary
Section 8.01-244 sets the filing deadline for Virginia wrongful death actions. When someone entitled to sue for a personal injury dies from that injury before filing suit, and the personal-injury limitation period under § 8.01-243 has not yet expired, subsection A allows a wrongful death action under § 8.01-50 to proceed on the timetable set out in subsection B, or, where it applies, under the criminal-prosecution tolling rule of § 8.01-229(K).
Subsection B supplies that timetable: the decedent’s personal representative must bring the wrongful death action within two years of the death. If a timely wrongful death suit later abates or is dismissed without reaching the merits, the time it was pending does not count against the two years, and the representative can refile within whatever time remains, just as with an ordinary personal action under § 8.01-229(E). A voluntary nonsuit under § 8.01-380, though, is treated differently — it is not an abatement or dismissal for purposes of this section, and instead the nonsuit-tolling rule in § 8.01-229(E)(3) governs how much additional time the representative gets to refile.
Frequently Asked Questions
How long does a personal representative have to file a wrongful death lawsuit in Virginia?
Two years after the death of the injured person, under Section 8.01-244(B).
What happens if a wrongful death suit is filed on time but then dismissed without deciding the merits?
The time the action was pending is not counted against the two-year period, and another action may be brought within whatever time remains of that period.
Does taking a voluntary nonsuit in a wrongful death case count as an abatement or dismissal under this section?
What has to be true about the decedent’s personal-injury claim for a wrongful death action to proceed under subsection A?
The person must have died as a result of the injury with no personal-injury action pending before the limitation period in § 8.01-243 expired.
Who has the right to bring a wrongful death action within the two-year deadline?
The personal representative of the decedent, not the decedent’s family members individually.
Amendment History
Code 1950, §§ 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722; 2008, c. 175; 2025, c. 37.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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