A. Notwithstanding the provisions of subsection B of § 8.01-229, if a person entitled to bring an action for personal injury dies as a result of such injury with no such action pending before the expiration of the limitations period set forth in § 8.01-243, then an action under § 8.01-50 may be commenced within the time limits specified in subsection B or as provided in subsection K of § 8.01-229.
B. Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person. If any such action is brought within such period of two years after such person's death and for any cause abates or is dismissed without determining the merits of such action, the time such action is pending shall not be counted as any part of such period of two years and another action may be brought within the remaining period of such two years as if such former action had not been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant to § 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal pursuant to this subsection, and the provisions of subdivision 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; 2025, c. 37.
Notes of Decisions
Cited in
77
cases (
5 in the last 5 years), 1984–2025 · leading case:
Conger v. Barrett, 702 S.E.2d 117 (Va. 2010).
Conger v. Barrett, 702 S.E.2d 117 (Va. 2010).
· cites it 28× “In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code § 8.01-244(B) bars the reinstatement of an action dismissed under Code § 8.”
Addison v. Jurgelsky, 704 S.E.2d 402 (Va. 2011).
· cites it 7× “They asserted, inter alia, that the two-year limitation period set forth in Code § 8.01-244 was not tolled prior to Shirley's joinder because an action by only one of two co-administrators was a nullity.”
Lambert v. Javed, 641 S.E.2d 109 (Va. 2007).
· cites it 12× “See Code § 8.01-244(B) (wrongful death action under Code § 8.”
Jones v. R. S. Jones & Assocs., Inc., 431 S.E.2d 33 (Va. 1993).
· cites it 5× “and Piedmont (collectively, the defendants) contend that the trial court properly applied the one-year limitation prescribed by Va.”
Wright v. Eli Lilly & Co., 65 Va. Cir. 485 (Portsmouth Cir. Ct. 2004).
· cites it 33× “13 , while plaintiff contends that the suit must have been brought within two years of death under Va. Code § 8.01-244, primarily citing the language of the statute and Goodwin, 39 Va.”
Wertz v. Grubbs, 425 S.E.2d 500 (Va. 1993).
· cites it 12× “The following relevant facts are taken from the United States District Court’s order of certification: Plaintiff George Wertz, the personal representative and administrator of the estate of Marie Wertz, alleges that defendant, Earl A.”
Fowler v. Winchester Med. Ctr., Inc., 580 S.E.2d 816 (Va. 2003).
· cites it 7× “01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person.”
Horn v. Abernathy, 343 S.E.2d 318 (Va. 1986).
· cites it 6× “Code § 8.01-244 consists of two paragraphs: *238 A.”
Pulliam v. Coastal Emergency Servs. of Richmond, Inc., 509 S.E.2d 307 (Va. 1999).
· cites it 4× “Code § 8.01-244. If it is permissible for a legislature to enact a statute of limitations completely barring recovery in a particular cause of action without impinging upon the right of trial by jury, it should be permissible for the legislature to impose a limitation upon the…”
Riddett v. Virginia Elec. & Power Co., 495 S.E.2d 819 (Va. 1998).
· cites it 13× “At the same time, the legislature provided in § 8.01-244 that if a plaintiff suffers a voluntary nonsuit, “the provisions of subdivi *27 sion E 3 of § 8.”
Harmon v. Sadjadi, 639 S.E.2d 294 (Va. 2007).
· cites it 4× “2d 809 (1955), this Court then concluded that since the first action had not been adjudicated on the merits, the ameliorative purpose of former Code § 8-634 (now Code § 8.01-244) augured for granting a status to the otherwise defective first action for the purposes of tolling…”
— Va. Code Ann. § 8.01-244(A) — 5 cases
Wright v. Eli Lilly & Co., 65 Va. Cir. 485 (Portsmouth Cir. Ct. 2004).
“13 , while plaintiff contends that the suit must have been brought within two years of death under Va. Code § 8.01-244, primarily citing the language of the statute and Goodwin, 39 Va.”
— Va. Code Ann. § 8.01-244(B) — 41 cases
Conger v. Barrett, 702 S.E.2d 117 (Va. 2010).
“In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code § 8.01-244(B) bars the reinstatement of an action dismissed under Code § 8.”
Lambert v. Javed, 641 S.E.2d 109 (Va. 2007).
“See Code § 8.01-244(B) (wrongful death action under Code § 8.”
Fowler v. Winchester Med. Ctr., Inc., 580 S.E.2d 816 (Va. 2003).
“01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person.”
Wertz v. Grubbs, 425 S.E.2d 500 (Va. 1993).
“The following relevant facts are taken from the United States District Court’s order of certification: Plaintiff George Wertz, the personal representative and administrator of the estate of Marie Wertz, alleges that defendant, Earl A.”
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