Virginia Statute of Limitations
Time limits for filing civil lawsuits in Virginia. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 5 years (Va. Code § 8.01-246(2)).
- Oral Contracts: 3 years (Va. Code § 8.01-246(4)).
- Personal Injury: 2 years (Va. Code § 8.01-243(A)).
- Property Damage: 5 years (Va. Code § 8.01-243(B)).
Virginia Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 5 years | Va. Code § 8.01-246(2) | Accrues on the date of breach. |
| Oral Contracts | 3 years | Va. Code § 8.01-246(4) | Accrues on the date of breach. |
| Personal Injury | 2 years | Va. Code § 8.01-243(A) | Accrues on the date of injury. |
| Property Damage | 5 years | Va. Code § 8.01-243(B) | Accrues when damage occurs. |
| Medical Malpractice | 2 years | Va. Code § 8.01-243(A) | 2 years from the date of the act. Discovery rule extends to 1 year from discovery, with a 10-year statute of repose. |
| Debt Collection | 5 years | Va. Code §§ 8.01-246(2), 8.01-246(4) | Written debts: 5 years. Oral debts: 3 years. |
| Fraud | 2 years | Va. Code § 8.01-243(A) | 2 years from discovery of the fraud. |
General Notes for Virginia
Virginia distinguishes between written contracts (5 years) and oral contracts (3 years). The state has a 2-year personal injury statute and a 10-year statute of repose for medical malpractice. Virginia does not broadly apply the discovery rule, except for medical malpractice and fraud claims.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for debt in Virginia?
Written debts have a 5-year statute of limitations, while oral debts have a 3-year limit.
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How long do I have for a personal injury claim in Virginia?
You have 2 years from the date of injury to file a personal injury lawsuit in Virginia.
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Does Virginia apply the discovery rule?
Virginia applies the discovery rule in limited circumstances, primarily for medical malpractice (1 year from discovery) and fraud claims. The 10-year statute of repose provides an outer limit for medical malpractice.