Virginia personal injury statute of limitations

The statute of limitations for personal injury claims in Virginia is governed by Virginia Code § 8.01–243. This statute sets forth the time limits within which an individual must file a personal injury lawsuit in the state of Virginia. As of my last knowledge update in September 2021, here are some key points related to the statute of limitations for personal injury cases in Virginia:

General Personal Injury Claims: The general statute of limitations for personal injury claims in Virginia is two years. This means that you have two years from the date of the injury to file a lawsuit. If you fail to file your lawsuit within this time frame, your claim may be barred, and you may not be able to recover damages for your injuries.

Discovery Rule: In some cases, it may not be immediately obvious that an injury has occurred. In such cases, Virginia law allows for the “discovery rule.” This means that the two-year statute of limitations may begin running from the date the injury was discovered or should have been discovered with reasonable diligence. However, this rule has limitations and may not apply to all cases.

Minors: If the injured person is a minor at the time of the injury, they may have a longer time to file a personal injury lawsuit. The two-year statute of limitations typically begins to run when the individual turns 18.

Government Entities: If your personal injury claim is against a government entity or employee, there may be shorter time limits and specific procedures to follow. Claims against government entities often have strict notice requirements that must be met within a short period.

Medical Malpractice: Medical malpractice claims have a separate statute of limitations. In Virginia, the statute of limitations for medical malpractice claims is generally two years from the date of the alleged malpractice or one year from the date of the discovery of the malpractice, whichever is longer. There is also a maximum limit of five years from the date of the alleged malpractice.

It’s important to note that the laws may change over time, so it’s essential to consult with a qualified attorney or check the most up-to-date Virginia statutes to ensure you are aware of the current statute of limitations for personal injury claims in the state. If you believe you have a personal injury claim, it’s advisable to seek legal counsel as soon as possible to ensure that you don’t miss the applicable statute of limitations.

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