Special Causes of Action in VA

Question 1

In what name should a wrongful death action be filed?

Answer 1

Every action for wrongful death must be filed in the name of the personal representative, not the deceased

The action should be styled: Brenda Coleman, personal representative of the estate of Cody Coleman v. Togo Ticketing.

Question 2

What happens if a wrongful death action is filed in the name of the deceased?

Answer 2

Filing suit in the name of the deceased is a legal nullity, and therefore any attempt by the plaintiff to amend or substitute the proper party should be denied.

If the designated plaintiff was a legal nullity, this was tantamount to there being no filing and consequently the statute of limitations may run out which will mean the claim is time barred.

Question 3

what is the statute of limitations period for wrongful death in Virginia?

Answer 3

In Virginia, a wrongful death action must be filed within two (2) years of the date of death (not two years from the date of the accident).