Virginia Statute of Limitations for Personal Injury
In Virginia, the statute of limitations for personal injury is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Va. Code § 8.01-243(A).
- Accrues on the date of injury.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury.
General Virginia Rules
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.
Other Statutes of Limitations in Virginia
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in Virginia?
The statute of limitations for personal injury in Virginia is 2 years. Citation: Va. Code § 8.01-243(A).
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When does the clock start for personal injury in Virginia?
Accrues on the date of injury.
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Can the statute of limitations for personal injury be extended in Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.