                                 CODE OF VIRGINIA

ACTIONS FOR WRONGFUL DEATH; LIMITATION (§ 8.01-244)

A. Notwithstanding the provisions of subsection B of &#xA7; 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 &#xA7; 8.01-243, then an action under &#xA7; 8.01-50 may be
commenced within the time limits specified in subsection B or as provided in
subsection K of &#xA7; 8.01-229.

B. Every action under &#xA7; 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&#8217;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 &#xA7; 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
&#xA7; 8.01-229 shall apply to such a nonsuited action.

HISTORY: Code 1950, §§ 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722;
2008, c. 175; 2025, c. 37.