What is the personal injury statute of limitations in Virginia?

1. General Personal Injury

Va. Code § 8.01-243(A) imposes a 2-year SOL for personal injury, running from the date the injury occurs (not when discovered, generally).

2. Wrongful Death

Va. Code § 8.01-244 imposes a 2-year SOL for wrongful death, running from the date of death.

3. Medical Malpractice

Va. Code § 8.01-243.1 sets a 2-year SOL from the date of injury. Specific exceptions extend the SOL up to 10 years for foreign objects, fraud/concealment, or negligent failure to diagnose cancer.

4. Discovery Rule

Virginia does not apply a general discovery rule for personal injury; the SOL runs from when the injury occurs (Locke v. Johns-Manville). Limited exceptions exist for foreign objects and fraud.

5. Minor / Disability Tolling

Va. Code § 8.01-229 tolls limitations during minority (until 18) and incapacity; the limitations period begins to run when disability is removed.

6. Government Defendant

The Virginia Tort Claims Act (Va. Code § 8.01-195.6) requires written notice within 1 year of accrual for claims against the Commonwealth. Damages capped at $100,000 per claim. Local governments retain sovereign immunity except in specified contexts.

7. Product Liability

Subject to the 2-year SOL; Virginia has no products statute of repose, but Va. Code § 8.01-250 imposes a 5-year repose for improvements to real property.

8. Equitable Tolling / Fraudulent Concealment

Va. Code § 8.01-229(D) tolls limitations when a defendant uses fraud or other obstruction to prevent filing.

9. Borrowing Statute

Va. Code § 8.01-247 borrows the shorter SOL of the foreign state where the cause of action arose against a non-resident.

This is legal information, not legal advice.