Wrongful Death Claims

When someone dies because of another person’s negligence, the family may have a civil claim for the losses that follow. The rules that govern that claim depend on where the death happened. Virginia and California have different statutes, different rules on who may recover, and different deadlines.

Mackie Injury Lawyers handles fatal accident claims in both states. Select the state where the death occurred to see the law that applies, the court that hears the case and the deadlines that matter.

Choose your state

Virginia — Virginia Beach, Chesapeake, Norfolk, Portsmouth and Hampton Roads

Virginia wrongful death claims are brought by the personal representative of the estate under Va. Code § 8.01-50, with a two-year filing deadline and the state’s contributory negligence rule shaping the investigation.

Virginia wrongful death claims →

California — San Diego, Chula Vista, Oceanside, Escondido and Southern California

California claims are brought under Code of Civil Procedure § 377.60, with a two-year deadline, a six-month government claim rule in some cases, and pure comparative fault.

California wrongful death claims →

How the two states differ

	Virginia	California
Who brings the claim	Personal representative of the estate	Surviving spouse, partner or children; other heirs if none
Filing deadline	Two years from death (Va. Code § 8.01-244)	Two years from death (CCP § 335.1)
Public entity claims	Written notice under Va. Code § 8.01-222	Government claim within six months (Gov. Code § 911.2)
Fault rule	Contributory negligence can bar the claim	Comparative fault reduces the recovery

Common causes of fatal claims

• Fatal car, truck and motorcycle crashes
• Pedestrian and bicycle fatalities
• Medical negligence and nursing home neglect
• Workplace, construction and maritime incidents
• Drowning, boating and defective products

If you are not sure which state applies, or the death happened while travelling, call us and we will work it out with you.