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Bill > HB1748


VA HB1748

VA HB1748
Wrongful death action; who may bring.


summary

Introduced
01/04/2025
In Committee
01/04/2025
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Wrongful death action; who may bring. Allows an immediate family member of a deceased person, as defined in the bill, to bring a wrongful death action on behalf of the deceased. Under current law, such action may only be brought by the deceased person's personal representative.

AI Summary

This bill modifies Virginia law regarding who can bring a wrongful death lawsuit by expanding the current legal provision that only allows a personal representative to file such a claim. Specifically, the bill adds "immediate family member" alongside personal representative as parties who can initiate a wrongful death action. The bill defines "immediate family member" as the spouse, child, parent, or sibling of the deceased person. This change would allow close relatives of a deceased individual to directly pursue legal action for damages resulting from someone else's wrongful act, neglect, or default that caused the death, whereas previously only the deceased's legal representative could do so. The bill maintains existing provisions related to other aspects of wrongful death actions, such as time limits for filing and specific rules about fetal death cases. By broadening the class of individuals who can bring a wrongful death lawsuit, the bill aims to provide more avenues for families to seek justice and compensation when a loved one dies due to another party's actions.

Committee Categories

Justice

Sponsors (1)

Last Action

Left in Courts of Justice (on 02/04/2025)

bill text


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