2006 Code of Virginia § 8.01-50 - Action for death by wrongful act; how and when to be brought

8.01-50. Action for death by wrongful act; how and when to be brought.

A. Whenever the death of a person shall be caused by the wrongful act,neglect, or default of any person or corporation, or of any ship or vessel,and the act, neglect, or default is such as would, if death had not ensued,have entitled the party injured to maintain an action, or to proceed in remagainst such ship or vessel or in personam against the owners thereof orthose having control of her, and to recover damages in respect thereof, then,and in every such case, the person who, or corporation or ship or vesselwhich, would have been liable, if death had not ensued, shall be liable to anaction for damages, or, if a ship or vessel, to a libel in rem, and herowners or those responsible for her acts or defaults or negligence to a libelin personam, notwithstanding the death of the person injured, and althoughthe death shall have been caused under such circumstances, as amount in lawto a felony.

B. Every such action under this section shall be brought by and in the nameof the personal representative of such deceased person within the time limitsspecified in 8.01-244.

C. If the deceased person was an infant who was in the custody of a parentpursuant to an order of court or written agreement with the other parent,administration shall be granted first to the parent having custody; however,that parent may waive his right to qualify in favor of any other persondesignated by him. If no such parent or his designee applies foradministration within thirty days from the death of the infant,administration shall be granted as in other cases.

(Code 1950, 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115.)