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Virginia Statute of Limitations (2026)

Civil filing deadlines in Virginia under Va. Code tit. 8.01, ch. 4 — two years for injury to the person but five for injury to property, and an accrual rule that runs from injury rather than discovery.

✓ Last verified: Sep 2026

Claim Types

claim types tracked

Filing Range

1–5

year filing range

Govt. Notice

yrs to notify govt.

1 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.

2 YEARS

Personal Injury

Two years after the cause of action accrues, for every action for personal injuries whatever the theory of recovery.

Va. Code § 8.01-243(A) ✓ Verified

2 YEARS

Medical Malpractice

Two years from accrual, with extensions available in defined circumstances under subsection C.

Va. Code § 8.01-243(A) ✓ Verified

5 YEARS

Written Contract

Five years from breach on a written contract.

Va. Code § 8.01-246(2) ✓ Verified

5 YEARS

Property Damage

Five years for injury to property, whether direct or indirect.

Va. Code § 8.01-243(B) ✓ Verified

1 YEARS

Defamation

One year after the cause of action accrues, covering libel, slander, insulting words, and defamation.

Va. Code § 8.01-247.1 ✓ Verified

2 YEARS

Product Liability

Two years for personal injury from a defective product, by the express cross-reference in § 8.01-246(C).

Va. Code §§ 8.01-243, 8.01-246(C) ✓ Verified

2 YEARS

Wrongful Death

Two years after the death of the injured person.

Va. Code § 8.01-244(B) ✓ Verified

2 YEARS

Fraud

Two years, with the cause of action deemed to accrue when the fraud is discovered or by the exercise of due diligence reasonably should have been discovered.

Va. Code §§ 8.01-243(A), 8.01-249 ✓ Verified

3 YEARS

Breach of Oral Contract

Three years on an unwritten contract — two years less than a written one.

Va. Code § 8.01-246(4) ✓ Verified

5 YEARS

Legal Malpractice

Five years where the representation rested on a written retainer, or three years where it was oral.

Va. Code § 8.01-246 Unverified

2 YEARS

Assault & Battery

Two years, under the general personal-injury period.

Va. Code § 8.01-243(A) ✓ Verified

5 YEARS

Trespass to Land

Five years, as an action for injury to property.

Va. Code § 8.01-243(B) ✓ Verified

years

Government claims notice

Written notice within 1 year (6 months for localities) — Va. Code §§ 8.01-195.6, 15.2-209 Under the Virginia Tort Claims Act, written notice of a claim against the Commonwealth must be filed within one year of accrual (§ 8.01-195.6). Claims against a city, town, or county require notice within six months under § 15.2-209. The two regimes are separate and the shorter local deadline is easy to miss. The underlying limitations period still applies on top of the notice requirement.

Common Questions About Virginia Deadlines

What is the statute of limitations in Virginia?

It depends on the type of claim. Virginia filing deadlines range from 1 year to 5 years — for example, personal injury 2 years, breach of a written contract 5 years, medical malpractice 2 years, defamation 1 year.

How long do you have to file a personal injury lawsuit in Virginia?

2 years under Va. Code § 8.01-243(A). Two years after the cause of action accrues, for every action for personal injuries whatever the theory of recovery. Full personal injury rules →

What is the statute of limitations for wrongful death in Virginia?

2 years under Va. Code § 8.01-244(B). Two years after the death of the injured person. Full wrongful death rules →

What is the statute of limitations for medical malpractice in Virginia?

2 years under Va. Code § 8.01-243(A). Two years from accrual, with extensions available in defined circumstances under subsection C. Full medical malpractice rules →

What is the statute of limitations for breach of contract in Virginia?

5 years under Va. Code § 8.01-246(2). Five years from breach on a written contract. Full breach of a written contract rules →

How long do you have to sue for defamation in Virginia?

1 year under Va. Code § 8.01-247.1. One year after the cause of action accrues, covering libel, slander, insulting words, and defamation. Full defamation rules →

What is the statute of limitations for property damage in Virginia?

5 years under Va. Code § 8.01-243(B). Five years for injury to property, whether direct or indirect. Full property damage rules →

Do you have to notify the government before suing in Virginia?

Often, yes. Written notice within 1 year (6 months for localities) under Va. Code §§ 8.01-195.6, 15.2-209. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.

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Virginia Statute of Limitations (2026)

Common Questions About Virginia Deadlines

What is the statute of limitations in Virginia?

How long do you have to file a personal injury lawsuit in Virginia?

What is the statute of limitations for wrongful death in Virginia?

What is the statute of limitations for medical malpractice in Virginia?

What is the statute of limitations for breach of contract in Virginia?

How long do you have to sue for defamation in Virginia?

What is the statute of limitations for property damage in Virginia?

Do you have to notify the government before suing in Virginia?

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