Legal Question in Civil Litigation in Virginia

Re: Classaction suit against the Tobacco company

Several problems: 1. Virginia does not have class actions, so unless there is federal jurisdiction, there is no class action available. 2. Because the facts are so specific to each case, class action treatment of a tobacco-related wrongful death case would probably not be permitted in any event. 3. The statute of limitations for this matter has probably run. In Virginia, personal injury and wrongful death cases have a 2 year statute of limitations, which runs, at the latest from the date the injury and its cause are or should reasonably have been discovered. If she died 2 years ago from smoking-related cancer, the statute has almost certainly run. It may, however, be possible to sue elsewhere where there may be a longer statute, but understand that the burden in these cases of overcoming an argument that the plaintiff/decedent assumed the risk of such injury/disease/death is a very difficult one.

This is not legal advice, so please do not rely on it. See a lawyer if you want actual advice based on your specific facts.