Virginia Personal Injury Statute of Limitations

The general rule: two years

Under Va. Code § 8.01-243, every action for personal injury must be brought within two years after the cause of action accrues — typically the date of the injury itself.

This applies to:

• Auto, motorcycle, pedestrian, and bicycle accidents
• Premises liability (slip-and-fall, unsafe property conditions)
• Most other negligence-based injury claims

Wrongful death also: two years

Under Va. Code § 8.01-244, wrongful death claims must be brought within two years from the date of death — not the date of the underlying injury, if those differ.

Important exceptions

Minors

If the injured person is a minor (under 18), Virginia generally tolls the statute of limitations until the minor reaches majority, then provides the standard two-year window from that point — though some specific circumstances have different rules. Consult an attorney early.

Discovery rule (limited)

Virginia's discovery rule is narrower than many states. In most negligence cases, the clock starts when the injury occurs, not when the victim discovers it. There are limited exceptions for specific situations.

Government defendants

If the at-fault party is a Virginia state or local government entity, notice requirements often apply on a much shorter timeline (sometimes as short as 6 months) before any suit can be filed. Failing to give timely notice can bar the claim entirely.

Federal claims

Some federal causes of action (FELA, Jones Act, etc.) have their own statute-of-limitations rules that may differ from Virginia's general rule.

Why timing matters even if you're not sure about suing

Insurance carriers know the statute of limitations. If you're negotiating with the at-fault party's insurance and the clock is approaching, settlement leverage shifts. A PLDR attorney can:

• File suit to preserve the claim before the deadline
• Continue negotiating after filing if settlement is still possible
• Pursue trial if settlement isn't on fair terms

Other Virginia injury law you should know

Pure contributory negligence

Virginia is one of the few states that still applies pure contributory negligence: if the injured party is found even 1% at fault, recovery is barred entirely. This makes how fault is framed extremely important from day one.

Damage caps

Virginia has a cap on punitive damages (currently $350,000) under Va. Code § 8.01-38.1, and a separate cap on medical malpractice recoveries. Compensatory damages for most personal injury matters are not capped.

This page provides general information about Virginia personal injury law. Statute of limitations rules vary by claim type and specific facts. This is not legal advice and does not create an attorney-client relationship. If you believe a deadline is approaching, contact an attorney immediately.