Virginia Statute of Limitations

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.

Workers' Compensation

A workers' compensation action must be filed within two years from the date of injury. You must inform your employer within 30 days from the date of injury.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.