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What is the exact last day to file a wrongful death suit in Virginia?

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russharv63

Junior Member
What is the name of your state (only U.S. law)? Virginia
My wife's mother died from a hospital outpatient procedure on March 17, 2016. We believe the surgeon was at fault. I know their is a two year statue of limitations in Virginia for filing a complaint in a Virginia circuit court. Since she died on March 17, 2016 what is the exact last day we have to file a complaint? I know it will be in March 2018. What will be the exact last day we have to file?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Virginia
My wife's mother died from a hospital outpatient procedure on March 17, 2016. We believe the surgeon was at fault. I know their is a two year statue of limitations in Virginia for filing a complaint in a Virginia circuit court. Since she died on March 17, 2016 what is the exact last day we have to file a complaint? I know it will be in March 2018. What will be the exact last day we have to file?
It may sound weird, but your question actually requires you to speak to an attorney. For us to answer (beyond telling you what you already know about the SoL being 2 years) would be the unlawful practice of law.

I can tell you this: Don't wait for the last minute. If you don't have an attorney onboard for this already, you're way behind.
 

PayrollHRGuy

Senior Member
It is within 2 years of the date of the last act or omission giving rise to the malpractice case.
(cite: several VA based lawyer websites.)
 

Zigner

Senior Member, Non-Attorney
It is within 2 years of the date of the last act or omission giving rise to the malpractice case.
(cite: several VA based lawyer websites.)
The OP wants to know if the day that it happened counts as one of those days ;)
 

PayrollHRGuy

Senior Member
From what I read it the clock may have not started the day she died.

He really does need a lawyer and as you said if he doesn't already have one he is way behind the curve.
 

Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? Virginia
My wife's mother died from a hospital outpatient procedure on March 17, 2016. We believe the surgeon was at fault. I know their is a two year statue of limitations in Virginia for filing a complaint in a Virginia circuit court. Since she died on March 17, 2016 what is the exact last day we have to file a complaint? I know it will be in March 2018. What will be the exact last day we have to file?
Get a lawyer now. If you wait to file on what you believe to be the last day and it turns out you are wrong, you lose. It is not necessarily the day she died that starts the clock. It is the date that the surgeon committed the alleged malpractice that you think lead to her death that starts the clock. That may have occurred on some day prior to the day she died. Your facts just aren’t clear on that. There are certain things you need to do to get the complaint right, so it is not just getting it filed on time that is of concern here. Even if you file it on time, if you screw up the complaint it may get dismissed and that may also end the litigation. Why have you waited so long?
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Virginia
My wife's mother died from a hospital outpatient procedure on March 17, 2016. We believe the surgeon was at fault. I know their is a two year statue of limitations in Virginia for filing a complaint in a Virginia circuit court. Since she died on March 17, 2016 what is the exact last day we have to file a complaint? I know it will be in March 2018. What will be the exact last day we have to file?
You have a ...colorful posting history. And yet again require an attorney. Might want to reassess your life choices.
 

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