Virginia personal injury statute of limitations attorney

Va. Code § 8.01-243(A) gives two years from the date of injury to bring a personal injury action in Virginia. The rule is simple to state and frequently misapplied, because accrual, the type of claim, and the identity of the defendant can each move the operative date. Law Offices Of SRIS, P.C. handles Virginia injury claims. Call (888) 437-7747.

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The Periods That Apply

Va. Code § 8.01-243(A) sets a two-year limitations period for personal injury actions in Virginia, and the cause of action accrues at the date of injury. Va. Code § 8.01-244 sets two years for wrongful death, running from the date of death, with the action brought by the personal representative of the estate. Damage to property is five years under Va. Code § 8.01-243(B). Limitations rules carry exceptions and tolling provisions that depend on the facts, so the applicable deadline should be confirmed for the specific claim rather than assumed from a general period.

Accrual Is Where Claims Are Lost

For most injury claims the period runs from the date of injury rather than from the date the injury is understood. Medical malpractice is the clearest example: under Va. Code § 8.01-243(A) the period generally accrues at the date of the negligent act, so a claim can expire before the patient knows they were harmed. Va. Code § 8.01-243(C) provides extensions for a foreign object, for fraud or concealment, and for a malignant tumour or cancer or an intracranial, intraspinal or spinal schwannoma, subject to a ten-year outer limit. Va. Code § 8.01-243.1 governs claims by minors. Fraud is treated differently again: Va. Code § 8.01-249(1) provides that the period runs from when the fraud is discovered or, by the exercise of due diligence, reasonably should have been discovered.

Different Claims From One Event Run on Different Clocks

A single collision can generate a two-year injury claim under Va. Code § 8.01-243(A) and a five-year property damage claim under Va. Code § 8.01-243(B). A death produces a wrongful death action under Va. Code § 8.01-244, two years from the date of death, brought by the personal representative of the estate rather than by family members individually. Defamation carries one year from publication under Va. Code § 8.01-247.1. Assuming a single deadline covers everything arising from one event is a common and consequential error.

Government Defendants Compress the Timeline

Where a public body is involved, a notice requirement runs earlier than the limitations period and is a separate hurdle. A motor-vehicle claim against a locality may carry a six-month notice requirement under Va. Code § 15.2-209, and claims against the Commonwealth proceed under the Virginia Tort Claims Act with its notice provision at Va. Code § 8.01-195.6. A claim well inside two years can already be lost if notice was required and not given.

Which Court Hears the Claim

Which Virginia court hears a civil claim depends on the amount claimed. Va. Code § 16.1-77(1) gives the general district court exclusive original jurisdiction where the claim does not exceed $4,500, exclusive of interest and attorney fees, and concurrent jurisdiction above $4,500 up to $50,000. Claims exceeding $50,000 proceed in the circuit court under Va. Code § 17.1-513. A small claims division handles matters not exceeding $5,000 under Va. Code § 16.1-122.2, but that division is for parties appearing without counsel and a case there can be removed to the general district court.

Building the Record

A claim is proved from documents and testimony assembled over time, not from an account given after the fact. The crash or incident report, photographs taken before vehicles were moved, the names of every insurer involved including the injured person’s own, complete medical records from the first visit onward, and a contemporaneous note of how symptoms developed all carry more weight than a later reconstruction. Where a government body may be involved, the identity of the defendant should be settled early because notice requirements run on their own clock.

Settlement and Suit

Most claims resolve without trial, but the terms available depend on whether the file would withstand one. An insurer evaluating a Virginia claim is weighing the strength of the contributory negligence argument as much as the injury itself, which is why the investigation the claimant does early affects the number offered late. Filing suit is warranted where the limitations period is approaching, where liability is disputed on facts that require discovery, or where the offered terms do not reflect the documented loss.

Frequently Asked Questions

What is the deadline for a personal injury claim in Virginia?

Two years from the date of injury under Va. Code § 8.01-243(A). Exceptions and tolling provisions apply depending on the claim and the parties, so the deadline should be confirmed for the specific case rather than assumed.

Is the deadline different for wrongful death?

It is a different statute with the same length: Va. Code § 8.01-244 gives two years from the date of death, and the action is brought by the personal representative of the estate.

How long do I have to file in Virginia?

Va. Code § 8.01-243(A) sets two years for personal injury, accruing at the date of injury; Va. Code § 8.01-244 sets two years for wrongful death from the date of death. Exceptions and tolling rules apply and should be confirmed for the specific claim.

What is contributory negligence?

Virginia’s common-law rule that a plaintiff whose own negligence contributed to causing the injury is barred from recovering, rather than having damages reduced in proportion to fault.

Which court hears the claim?

It depends on the amount claimed. Under Va. Code § 16.1-77(1) the general district court has exclusive jurisdiction to $4,500 and concurrent jurisdiction to $50,000; above $50,000 the claim proceeds in the circuit court under Va. Code § 17.1-513.

What should I bring to a consultation?

Any incident report, photographs, the names of every insurer involved including your own, all medical records and bills you hold, and a short written account of how symptoms developed from the day of the incident.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor, and his background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases. Virginia injury matters are handled by Mr. Sris and the firm’s Of Counsel attorneys.

Request a Consultation

To discuss a Virginia injury claim with Law Offices Of SRIS, P.C., call (888) 437-7747 and request a consultation. The intake line is staffed 24/7.

Last updated: August 25, 2026

This page provides general information about Virginia personal injury law and is not legal advice. Reading it does not create an attorney-client relationship. Limitations periods carry exceptions and tolling rules that depend on the facts, and every case turns on its own. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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