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HB 2387

Death by wrongful act; suspension of limitations.

2025 Regular Session Introduced by Nadarius Clark and 4 co-sponsors

Virginia suspends wrongful death lawsuit time limits when defendants are fugitives or conceal whereabouts, allowing claims after the normal deadline once the defendant becomes locatable.

Acts of Assembly Chapter text (CHAP0037)
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Bill Summary · HB 2387

Legislative bill overview

HB 2387 modifies Virginia's wrongful death statute by suspending the statute of limitations for filing wrongful death claims in cases where the defendant is a fugitive or conceals their whereabouts to avoid legal service. The bill allows the time period during which a defendant evades the jurisdiction to not count toward the limitation deadline, effectively extending the window for plaintiffs to bring claims.

Why is this important

This change directly impacts victims' families seeking justice and compensation when defendants flee or hide, a scenario that could otherwise result in claims becoming legally time-barred before the defendant can be properly served. It addresses a potential gap where wrongful death accountability could be circumvented through avoidance tactics rather than substantive legal defense.

Potential points of contention

  • Defendant due process concerns: Opponents may argue that suspending limitations periods creates uncertainty and could allow claims to be brought indefinitely, potentially prejudicing defendants' ability to gather evidence or locate witnesses after extended periods
  • Implementation clarity: The bill may require litigation to clarify what constitutes sufficient "concealment" or "fugitive" status, and how courts should calculate the suspension period
  • Burden on defendants: Critics could contend this creates unequal treatment where defendants who remain locatable face different legal timelines than those who evade service, raising fairness questions

Compiled from official sources — confirm details with the bill’s official record.

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