{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-244.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-244.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-244.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-244.html"}],"law_id":55241,"edition_id":1,"section_id":55241,"structure_id":14110,"section_number":"8.01-244","catch_line":"Actions for wrongful death; limitation","history":"Code 1950, \u00a7\u00a7 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722; 2008, c. 175; 2025, c. 37.","full_text":"A\n\nNotwithstanding 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\n\nEvery 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.","order_by":null,"text":{"0":{"id":202540,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202541,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14110,"edition_id":1,"name":"Personal Actions Generally","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14109,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":281197,"object_type":"structure","relational_id":14110,"identifier":"3","token":"8.01\/4\/3","url":"\/8.01\/4\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14109,"edition_id":1,"name":"Limitations of Actions","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":281127,"object_type":"structure","relational_id":14109,"identifier":"4","token":"8.01\/4","url":"\/8.01\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61676,"structure_id":14110,"section_number":"8.01-243","catch_line":"Personal action for injury to person or property generally; extension in actions for malpractice against health care provider","url":"\/8.01-243\/","token":"8.01\/4\/3\/8.01-243","metadata":false},{"id":77377,"structure_id":14110,"section_number":"8.01-243.1","catch_line":"Actions for medical malpractice; minors","url":"\/8.01-243.1\/","token":"8.01\/4\/3\/8.01-243.1","metadata":false},{"id":68361,"structure_id":14110,"section_number":"8.01-243.2","catch_line":"Limitations of actions by confined persons; exhaustion","url":"\/8.01-243.2\/","token":"8.01\/4\/3\/8.01-243.2","metadata":false},{"id":55241,"structure_id":14110,"section_number":"8.01-244","catch_line":"Actions for wrongful death; limitation","url":"\/8.01-244\/","token":"8.01\/4\/3\/8.01-244","metadata":false},{"id":73370,"structure_id":14110,"section_number":"8.01-245","catch_line":"Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained","url":"\/8.01-245\/","token":"8.01\/4\/3\/8.01-245","metadata":false},{"id":71139,"structure_id":14110,"section_number":"8.01-246","catch_line":"Personal actions based on contracts","url":"\/8.01-246\/","token":"8.01\/4\/3\/8.01-246","metadata":false},{"id":74502,"structure_id":14110,"section_number":"8.01-247","catch_line":"When action on contract governed by the law of another state or country barred in Virginia","url":"\/8.01-247\/","token":"8.01\/4\/3\/8.01-247","metadata":false},{"id":55381,"structure_id":14110,"section_number":"8.01-247.1","catch_line":"Limitation on action for defamation, etc","url":"\/8.01-247.1\/","token":"8.01\/4\/3\/8.01-247.1","metadata":false},{"id":59557,"structure_id":14110,"section_number":"8.01-248","catch_line":"Personal actions for which no other limitation is specified","url":"\/8.01-248\/","token":"8.01\/4\/3\/8.01-248","metadata":false},{"id":87200,"structure_id":14110,"section_number":"8.01-249","catch_line":"When cause of action shall be deemed to accrue in certain personal actions","url":"\/8.01-249\/","token":"8.01\/4\/3\/8.01-249","metadata":false},{"id":86776,"structure_id":14110,"section_number":"8.01-250","catch_line":"Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property","url":"\/8.01-250\/","token":"8.01\/4\/3\/8.01-250","metadata":false},{"id":82721,"structure_id":14110,"section_number":"8.01-250.1","catch_line":"Limitation on actions involving removal of asbestos","url":"\/8.01-250.1\/","token":"8.01\/4\/3\/8.01-250.1","metadata":false}],"previous_section":{"id":68361,"structure_id":14110,"section_number":"8.01-243.2","catch_line":"Limitations of actions by confined persons; exhaustion","url":"\/8.01-243.2\/","token":"8.01\/4\/3\/8.01-243.2","metadata":false},"next_section":{"id":73370,"structure_id":14110,"section_number":"8.01-245","catch_line":"Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained","url":"\/8.01-245\/","token":"8.01\/4\/3\/8.01-245","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-244\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 470; in 1977, chapter 617; in 1991, chapter 722; in 2008, chapter 175<\/a>; in 2025, chapter 37<\/a>.<\/p>","references":false,"refers_to":[{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":61676,"section_number":"8.01-243","catch_line":"Personal action for injury to person or property generally; extension in actions for malpractice against health care provider","order_by":null,"url":"\/8.01-243\/"},{"id":55779,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","order_by":null,"url":"\/8.01-380\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"permalink":{"id":281211,"object_type":"law","relational_id":55241,"identifier":"8.01-244","token":"8.01\/4\/3\/8.01-244","url":"\/8.01-244\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-244\/","token":"8.01\/4\/3\/8.01-244","dublin_core":{"Title":"Actions for wrongful death; limitation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-244","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of subsection B of § 8.01-229<\/a>, if a person<\/span> entitled to bring an action<\/span> for personal injury dies as a result of such injury with no such action<\/span> pending before the expiration of the limitations period set forth in § 8.01-243<\/a>, then an action<\/span> under § 8.01-50<\/a> may be commenced within the time limits specified in subsection B or as provided in subsection K of § 8.01-229<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every action<\/span> under § 8.01-50<\/a> shall be brought by the personal representative of the decedent within two years after the death of the injured person<\/span>. If any such action<\/span> is brought within such period of two years after such person<\/span>’s death and for any cause abates or is dismissed without determining the merits of such action<\/span>, the time such action<\/span> is pending shall not be counted as any part of such period of two years and another action<\/span> may be brought within the remaining period of such two years as if such former action<\/span> had not been instituted. However, if a plaintiff<\/span> suffers a voluntary nonsuit<\/span> pursuant to § 8.01-380<\/a>, the nonsuit<\/span> shall not be deemed an abatement nor a dismissal<\/span> pursuant to this subsection, and the provisions of subdivision E 3 of § 8.01-229<\/a> shall apply to such a nonsuited action<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTIONS FOR WRONGFUL DEATH; LIMITATION (\u00a7 8.01-244)\n\nA. Notwithstanding the provisions of subsection B of § 8.01-229, if a\nperson entitled to bring an action for personal injury dies as a result of such\ninjury with no such action pending before the expiration of the limitations\nperiod set forth in § 8.01-243, then an action under § 8.01-50 may be\ncommenced within the time limits specified in subsection B or as provided in\nsubsection K of § 8.01-229.\n\nB. Every action under § 8.01-50 shall be brought by the personal\nrepresentative of the decedent within two years after the death of the injured\nperson. If any such action is brought within such period of two years after such\nperson’s death and for any cause abates or is dismissed without\ndetermining the merits of such action, the time such action is pending shall not\nbe counted as any part of such period of two years and another action may be\nbrought within the remaining period of such two years as if such former action\nhad not been instituted. However, if a plaintiff suffers a voluntary nonsuit\npursuant to § 8.01-380, the nonsuit shall not be deemed an abatement nor a\ndismissal pursuant to this subsection, and the provisions of subdivision E 3 of\n§ 8.01-229 shall apply to such a nonsuited action.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722;\n2008, c. 175; 2025, c. 37.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}