What Is the Statute of Limitations for Legal Malpractice in Virginia?
In Virginia, the statute of limitations for legal malpractice is generally 5 years under Va. Code § 8.01-246.
Legal malpractice Deadlines in Virginia
How long do you have to file a legal malpractice claim in Virginia?
In Virginia, the statute of limitations for legal malpractice is generally 5 years under Va. Code § 8.01-246.
When does the clock start for legal malpractice in Virginia?
Five years where the representation rested on a written retainer, or three years where it was oral.
Can the Virginia deadline for legal malpractice be extended?
Because the claim is treated as contractual rather than tortious, the two-year personal-injury period does not apply. Which figure governs depends on the form of the retainer agreement — confirm before relying on either.
Is the deadline different if the claim is against the government in Virginia?
Often, yes. Written notice within 1 year (6 months for localities) under 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 separa…
How does Virginia compare to other states for legal malpractice?
Virginia's 5 years is in the middle of the range nationally. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Legal Malpractice Cover?
Situations that typically fall under the legal malpractice deadline in Virginia:
