My child was killed in a car crash in Virginia (VA). How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?

A: Generally, per Virginia Code Section 8.01-244, you have 2 years from the time of your child's death to bring a lawsuit. This assumes that no lawsuit regarding the same accident was filed while your child was still alive. The timetable gets a little more complex when a personal injury suit for the accident was filed in your son or daughter's name while he or she was still alive.