Virginia Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Virginia, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Virginia is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Two years for personal injury. Five years for property damage (§8.01-243(B)). One year for defamation (§8.01-247.1).

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from date of death.

Medical malpractice claims in Virginia have specific deadline rules that may differ from the general personal injury statute.

Two years after the cause of action accrues (§8.01-243(A)), extended by one year only in the situations listed in §8.01-243(C) — a foreign object left in the body; fraud, concealment, or intentional misrepresentation that prevented discovery; and negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma — and those extensions may not reach beyond 10 years from the date the cause of action accrues. For a minor, two years from the last act or omission giving rise to the claim, except that a child who was less than 8 at the time of the malpractice has until his 10th birthday (§8.01-243.1). Total damages capped (§8.01-581.15).

Virginia recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Limited. The general rule is that the period runs from the date the injury is sustained, not when the resulting damage is discovered (§8.01-230). Discovery-based extensions of the two-year period exist only in the malpractice situations listed in §8.01-243(C): a foreign object left in the body, fraud, concealment, or intentional misrepresentation that prevented discovery, and negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Virginia, the repose period is 10 years from the date of the act or omission.

The malpractice extensions in §8.01-243(C) shall not apply to extend the limitations period beyond 10 years from the date the cause of action accrues — a ceiling on those extensions rather than a freestanding repose running from the act or omission. Tolling under subdivision A 2 of §8.01-229 for a person under a disability still applies. Minors are governed separately: two years from the last act or omission, except that a child who was less than 8 at the time of the malpractice has until his 10th birthday (§8.01-243.1).

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Virginia, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Virginia government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice of claim within 1 year of the cause of action accruing. For the Commonwealth: filed with the Attorney General or Director of the Division of Risk Management.

Virginia Tort Claims Act. Sovereign immunity waived for negligent acts of state employees acting within the scope of employment (§8.01-195.3). Damages capped at $100,000 per occurrence or the policy limits of insurance, whichever is greater (§8.01-195.3). Local government immunity governed separately.