Virginia Code Section 8.01-244 allows you to bring a wrongful death lawsuit so long as your wife died as a result of her injuries within the 2 years immediately following the accident. The timetable for the statute of limitations on a wrongful death claim differs, however, if a personal injury lawsuit was filed in your wife's name while she was alive. If that is the case, you should contact a VA-based attorney who has experience representing plaintiffs in wrongful death cases as soon as possible to find out more.
For more information about wrongful death claims in Virginia, consider reading through the following articles written by my firm’s experienced wrongful death attorneys:
- How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?
- What damages may I claim in a wrongful death case?
- How are Virginia wrongful death claims handled in court?