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.
For more information about wrongful death claims in Virginia, consider reading through the following articles written by my firm’s experienced wrongful death attorneys:
- What damages may I claim in a wrongful death case?
- My wife was severely injured in a Virginia (VA) car wreck caused by a drunk driver, and she died from injury-related complications more than a year after the accident occurred. Can I still bring a wrongful death suit against the drunk driver?
- How are Virginia wrongful death claims handled in court?