A. Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.
§ 8.01-50.Action for death by wrongful act; how and when to be brought.
Chapter 3. Actions · Article 5. Death by Wrongful Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-50 creates Virginia’s wrongful death cause of action, making a person, corporation, or vessel liable when a wrongful act, neglect, or default causes death, extends a parallel claim to a natural mother for a wrongful-act-caused fetal death, and names who must bring each type of action and by when.
Full Text of § 8.01-50
B. Whenever a fetal death, as defined in § 32.1-249, is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.
C. Every such action under subsection A shall be brought by and in the name of the personal representative of such deceased person. Actions for fetal death under subsection B shall be brought by and in the name of the natural mother; provided, however, if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2, such action may be initiated or maintained by the administrator of the natural mother's estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother or in the death or injury of the natural mother, recovery for all damages sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15. The person bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55 and any damages recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244.
D. If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases.
E. For purposes of this section, "natural mother" means the woman carrying the child.
Plain-English Summary
Section 8.01-50 is the source of Virginia’s wrongful death claim. Subsection A says that whenever a wrongful act, neglect, or default causes a death, and that same conduct would have supported a lawsuit had the injured person lived, the party who would have been liable stays liable — now to a wrongful death action instead. This holds even where a ship or vessel is involved, and even where the conduct that caused the death would also count as a felony; the criminal character of the act does not block the civil claim.
Subsection B extends a related claim to a fetal death, as defined in § 32.1-249, caused by a wrongful act, neglect, or default. The natural mother — defined in subsection E as the woman carrying the child — may sue the tortfeasor directly. The statute is careful to close off a different claim: nothing in this section lets anyone sue the natural mother herself over the fetal death.
Subsection C assigns who must bring each action. A subsection A claim belongs to the personal representative of the deceased person. A subsection B fetal death claim belongs to the natural mother, though if she dies or becomes a person under a disability as defined in § 8.01-2, the administrator of her estate, her guardian, or her qualified personal representative can step in. Where a fetal death claim proceeds under the medical malpractice chapter and the same wrongful act also caused another fetal death or injured or killed the mother, total recovery cannot exceed the cap on damages for a single patient set out in § 8.01-581.15. Whoever brings a subsection B action may compromise it under § 8.01-55, with any recovery distributed under this article, and every action under this section must be brought within the time limits set by § 8.01-244.
Subsection D addresses who administers the estate of a deceased infant who was in a parent’s custody under a court order or written agreement: that parent gets first priority for administration, though the parent may waive the right in favor of someone else. If no such parent or designee applies within 30 days of the infant’s death, administration proceeds as it would in any other case.
Frequently Asked Questions
Who is allowed to file a wrongful death lawsuit in Virginia?
The personal representative of the deceased person files a claim arising from an ordinary wrongful death under subsection A. A fetal death claim under subsection B belongs to the natural mother, or, if she has died or become disabled, to the administrator of her estate, her guardian, or her personal representative.
Does it matter if the conduct that caused the death was also a crime?
No. Subsection A specifically preserves the civil claim even when the death occurred under circumstances that would amount to a felony. The criminal nature of the conduct does not shield the responsible party from wrongful death liability.
Can a mother sue over the wrongful-act-caused death of a fetus?
Yes. Subsection B lets the natural mother — the woman carrying the child — bring an action against whoever’s wrongful act, neglect, or default caused the fetal death. The section is explicit, though, that it creates no claim against the natural mother herself.
Is there a deadline for filing a wrongful death claim?
Yes. Subsection C requires every action under this section, whether for an adult decedent or a fetal death, to be brought within the time limits set out in § 8.01-244.
Who has priority to administer the estate of a deceased infant?
Under subsection D, if the infant was in a parent’s custody under a court order or written agreement with the other parent, that custodial parent has first priority to administer the estate, though the parent can waive that right in favor of another person. If no one applies within 30 days of the death, administration proceeds under the ordinary rules.
Amendment History
Code 1950, § 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115; 2012, c. 725.
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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