Under Virginia law, survivors must file a wrongful death claim within two years of the victim’s death. Legally, survivors are considered the following (in order of who has the legal claim):

  • The surviving spouse and children of the victim
  • The surviving parents of the victim. If the parents are not alive, then the siblings of the victim may file.
  • Any relative who was financially dependent on the victim
  • Any relative who is entitled to inherit from the victim’s estate based on the intestacy laws of Virginia.