What Is the Statute of Limitations for Personal Injury in Virginia?
In Virginia, the statute of limitations for personal injury is generally 2 years under Va. Code § 8.01-243(A).
Personal injury Deadlines in Virginia
How long do you have to file a personal injury claim in Virginia?
In Virginia, the statute of limitations for personal injury is generally 2 years under Va. Code § 8.01-243(A).
When does the clock start for personal injury in Virginia?
Two years after the cause of action accrues, for every action for personal injuries whatever the theory of recovery.
Can the Virginia deadline for personal injury be extended?
Section 8.01-230 is the key trap: the period runs from the date the injury is sustained, not from when the damage is discovered, except where § 8.01-249 or another statute provides otherwise. Section 8.01-229 tolls for infancy and incapacity.
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 personal injury?
Virginia's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for personal injury ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Personal Injury Cover?
Situations that typically fall under the personal injury deadline in Virginia:
