What is the statute of limitations in Virginia?

Virginia civil limitations are found in Va. Code Title 8.01, Chapter 4.

1. Personal Injury — 2 Years

Va. Code § 8.01-243(A): Every action for personal injuries shall be brought within 2 years after the cause of action accrues.

2. Written Contract — 5 Years

Va. Code § 8.01-246(2): Actions on any contract in writing signed by the party to be charged thereby, or by his agent — 5 years. Contracts not signed but in writing: 3 years (§ 8.01-246(3)).

3. Oral Contract — 3 Years

Va. Code § 8.01-246(4): Actions upon any unwritten contract, express or implied — 3 years.

4. Property Damage — 5 Years

Va. Code § 8.01-243(B): Every action for injury to property, including actions by a parent or guardian for loss of services for personal injury to minor children, shall be brought within 5 years after accrual.

5. Fraud — 2 Years (Discovery Rule)

Va. Code § 8.01-243(A) (residual 2-year for personal action), and § 8.01-249(1) deferring accrual until the fraud is discovered or, by exercise of due diligence, reasonably should have been discovered.

6. Medical Malpractice — 2 Years (Limited Discovery)

Va. Code § 8.01-243(A) and § 8.01-243.1: Medical malpractice — 2 years from accrual. Virginia is restrictive — generally accrual is at the time of injury, NOT discovery. Exceptions: foreign objects (1 year from discovery, max 10 years), fraud or concealment, and continuing negligent treatment. Minors: extended for limited period.

7. Wrongful Death — 2 Years

Va. Code § 8.01-244: An action for wrongful death must be brought within 2 years after the death of the injured person.

8. Other Notable Periods

Defamation: 1 year (Va. Code § 8.01-247.1).

Judgments: 10 years, extendible to 20 years (§ 8.01-251).

UCC sale of goods: 4 years (Va. Code § 8.2-725).

Tort Claims Act notice (state): 1 year for written notice (Va. Code § 8.01-195.6).

Action against locality / officer: 6-month notice for cities/towns (§ 15.2-209).

9. Tolling

Va. Code § 8.01-229 tolls for infancy (under 18), incapacity, fraudulent concealment, and certain absences.

This is legal information, not legal advice.