8.01-244 - Actions for wrongful death; limitation. - Virginia Statutes

§ 8.01-244. Actions for wrongful death; limitation.

A. Notwithstanding the provisions of § 8.01-229 B, if a person entitled tobring an action for personal injury dies as a result of such injury with nosuch action pending before the expiration of the limitations period set forthin § 8.01-243, then an action under § 8.01-50 may be commenced within thetime limits specified in subsection B of this section.

B. Every action under § 8.01-50 shall be brought by the personalrepresentative of the decedent within two years after the death of theinjured person. If any such action is brought within such period of two yearsafter such person's death and for any cause abates or is dismissed withoutdetermining the merits of such action, the time such action is pending shallnot be counted as any part of such period of two years and another action maybe brought within the remaining period of such two years as if such formeraction had not been instituted. However, if a plaintiff suffers a voluntarynonsuit pursuant to § 8.01-380, the nonsuit shall not be deemed an abatementnor a dismissal pursuant to this subsection, and the provisions ofsubdivision E 3 of § 8.01-229 shall apply to such a nonsuited action.

(Code 1950, §§ 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722; 2008,c. 175.)