What is the Personal Injury Statute of Limitations in Virginia?

When someone injures you in Virginia, you can take legal action to make them pay for your damages. While many claims settle out of court, you may need to file a civil lawsuit to recover full compensation for your medical bills and lost wages. It is critical that you file your lawsuit by the state’s strict deadline, known as the Virginia personal injury statute of limitations, or your case could be permanently time-barred. Generally, Virginia gives you exactly two years from the date of the injury to file a claim.

At Monge & Associates, our attorneys can help you understand these time limits. Whether you need an Arlington personal injury lawyer or representation elsewhere in the state, our firm will build a trial-ready claim from day one to ensure you secure justice before the clock runs out.

What is the Statute of Limitations for a Personal Injury Lawsuit in Virginia?

Virginia Code § 8.01-243 establishes the statute of limitations for personal injury lawsuits.  According to the relevant law:

“Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.”

Essentially, this means that unless you fall within an exception, you have two years from the time that you were hurt to pursue your case

What are the Exceptions to Virginia’s Two-Year Statute of Limitations?

While you generally have two years from the time of your injury to file a lawsuit in Virginia, there are some exceptions. Circumstances where you may have a longer period of time to pursue case include:

• When you were under 18 at the time of the injury. Typically, the time clock for the two-year statute of limitations does not begin running until you are 18. 
• When an infant was injured, parents or guardians typically have five years from the injury to bring a case.
• If an adult victim is legally incapacitated. In these circumstances, the time limit for the two-year statute of limitations usually doesn’t start until they are no longer mentally disabled. 
• In certain malpractice cases, such as when a foreign object is left inside of a patient. In this instance, you have a year to pursue your case from the time the object was discovered or from the time that the object should have been discovered. If a provider failed to diagnose cancer or fraudulently concealed malpractice, you also have an extended deadline.

When you are pursuing a wrongful death claim, you also typically have two years from the time of death, which is not necessarily the date that the original injury occurred. 

However, regardless of the circumstances, you generally are subject to a strict maximum 10-year cap from the date of the original negligent action.

Because insurance adjusters often use delay tactics to run out the clock while you are healing, consulting a Richmond personal injury lawyer can help you determine if your specific case qualifies for a legal exception or tolling period.

Get Help from a Virginia Personal Injury Lawyer

While you generally have two years to pursue your lawsuit in Virginia, waiting to take action can severely damage your claim. Critical evidence disappears, witness memories fade, and security camera footage is recorded over within days. Swift action helps preserve this evidence so you can build a stronger claim against the at-fault party.

At Monge & Associates, our trial-tested attorneys have represented injured victims since 1993, recovering over $1 Billion nationwide. If you need a Roanoke personal injury lawyer to help you gather evidence, meet your court deadlines, and maximize your chances of getting justice, we are ready to fight for you. We provide compassionate, client-first representation, and you owe no legal fees unless we win. Contact us today to schedule your free, no-obligation consultation.