Virginia Personal Injury Laws and Statutes of Limitations

Chances are you found your way here looking for information about how Virginia's personal injury laws might impact your insurance claim or lawsuit. If so, you're in the right place. We'll fill you in on the basics, like how long you have to file a lawsuit, where you should file your case, what happens if you're partly to blame for your injuries, and more.

Virginia's Personal Injury Statutes of Limitations

A "statute of limitations" is a law that puts a time limit on your right to file a lawsuit in court. Every state has several of these laws on the books, with different deadlines depending on the kind of case you're filing.

Virginia is no exception. We begin with the state's two-year general rule, then we'll cover a couple other filing deadlines you might encounter.

The General Rule: Two Years From the Date of Your Injury

The statute of limitations for most Virginia personal injury cases is two years. (Va. Code § 8.01-243.A (2024).) Virginia typically follows what's sometimes called the "occurrence rule," meaning the limitation period starts running on the date you were injured. (Va. Code § 8.01-230 (2024).) Unless the injuries cause death, this deadline covers lawsuits involving:

• assault and battery
• car accidents
• premises liability
• product liability
• false imprisonment
• dog bites, and
• medical malpractice.

Virginia has special rules that sometimes apply in medical malpractice and product liability actions. As with all statute of limitations questions, you should speak to a lawyer for advice about your case.

Statutes of Limitations in Other Personal Injury Actions

Virginia's two-year general rule doesn't cover all personal injury claims. Here are a couple other types of lawsuits that fall under their own statutes of limitations.

Wrongful death. Personal injuries sometimes cause death. When that happens, the surviving relatives might decide to sue for wrongful death damages. Va. Code § 8.01-244.B (2024) requires that a Virginia wrongful death lawsuit must be filed within two years from the date of death.

Defamation of character. You might have a claim for defamation if someone makes a false statement of fact about you that harms your reputation. But if you want to sue in Virginia, you'd better act quickly.

Under Va. Code § 8.01-247.1 (2024), you have just one year from the date a defamatory statement is first made about you to file a lawsuit in court. When the defendant (the person you're suing) defames you anonymously or while using a false name on the internet, you might get more time to sue.

Extending Virginia's Personal Injury Statutes of Limitations Deadlines

In a few circumstances, Virginia's filing deadlines can be extended. Before you rely on one of the examples we discuss, you should get legal advice based on the facts of your case. Virginia courts are understandably reluctant to carve out exceptions to the state's statutes of limitations. And in most cases you can expect the defendant to put up a real fight. This isn't a battle you want to wage alone.

The "discovery rule." As mentioned above, Virginia generally follows what's known as the "occurrence rule" for statute of limitations purposes. Most often, the statute of limitations starts running on the date of the "occurrence" that caused your injury. Because you usually know immediately when you've been hurt, there's nothing unfair—in the normal case—about this rule.

Sometimes, though, you won't know right away that you've been injured. When that happens, it's possible that your time to sue might tick away while you're completely unaware that you even have a legal claim. That's unfair.

To counteract that unfairness, Virginia sometimes follows the "discovery rule." When you don't know you've been hurt, and you couldn't discover your injury even if you were being diligent, the filing deadline doesn't run from the date you're injured. Instead, your time starts running on the date you discover or should have discovered your potential legal claim.

Defendant obstructs your efforts to sue. When the defendant takes steps to obstruct the filing of your personal injury lawsuit, the time during which the obstruction is ongoing probably won't count against the statute of limitations. In other words, the clock won't start until the obstruction stops or is removed. (Va. Code § 8.01-229.D (2024).)

What counts as obstruction? Common examples include when the defendant:

• files for bankruptcy
• lives under a false name
• leaves Virginia in an effort to avoid being "served" with your lawsuit, or
• takes other action in an attempt to prevent or delay the lawsuit.

Injured person is a minor or is "incapacitated." For statute of limitations purposes, Virginia considers those younger than 18 and people who are "incapacitated" to be legally disabled. This means they're unable to look after their own legal matters without help.

The statute of limitations is delayed or paused when an injured person is legally disabled. Their time to file a personal injury lawsuit doesn't start until they turn 18 or the incapacity ends. Note that this extension doesn't apply when:

• a court has declared the minor to be emancipated, or
• a guardian or conservator has been appointed for someone who's incapacitated.

(Va. Code § 8.01-229.A (2024).)