Virginia Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be filed within two years of the date of death.

Personal Injury Actions

Personal injury actions must be brought within two years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of minors under the age of eight, the minor has until his or her 10th birthday to file suit. In the case of minors eight and older, suit must be filed within two years of the date that the act giving rise to the injury occurred.

Medical Malpractice Actions Based on Insertion of a Foreign Object

In these cases, a suit must be filed within one year from the date that the object was, or should have been, discovered. In no event may a suit be filed more than 10 years from the date that the object was actually inserted.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday.