After an accident, your immediate attention is often on medical care, recovery, and dealing with the insurance company. Filing deadlines may not be the first thing on your mind, but they can affect how and when you pursue a claim. Virginia law sets different time limits depending on the circumstances of the case.
Fishwick & Associates PLC represents injured people in Roanoke and throughout Virginia. Led by Roanoke personal injury lawyer John P. Fishwick Jr., our team can help you assess the filing deadline that could apply to your circumstances, gather and preserve important evidence, and pursue your claim within the applicable legal requirements.
This guide covers Virginia’s statutes of limitations for personal injury, property damage, and wrongful death claims, when filing periods begin, and special requirements for certain claims involving government entities. Contact us at (540) 345-5890 to request a free case evaluation.
What Happens If the Deadline Is Missed?
Virginia Code § 8.01-228 provides that a civil action subject to a statutory limitations period must be commenced within that period unless another provision of Virginia law applies.
A statute of limitations sets the amount of time a person has to file a civil lawsuit. If the applicable deadline expires before the lawsuit is filed, the defendant can raise the statute of limitations as a defense and seek dismissal of the claim. However, Virginia law provides certain exceptions and tolling rules that can extend or suspend the limitations period in specific circumstances.
When Does the Clock Start?
Virginia Code § 8.01-230 provides that personal injury and property damage claims generally accrue when the injury or damage is sustained, subject to statutory exceptions.
For most personal injury claims, the statute of limitations begins to run when the injury occurs. In a motor vehicle accident case, for example, the clock typically starts on the date of the accident, even if the full extent of the injuries is not discovered until later.
For wrongful death claims, the limitations period generally begins on the date of the injured person’s death, even if the injury that caused the death occurred earlier.
Virginia law provides different rules for certain types of claims. For lawsuits based on fraud or mistake, including certain claims under the Virginia Consumer Protection Act, the limitations period generally begins when the fraud or mistake is discovered or reasonably should have been discovered through due diligence.
For asbestos-related injuries, the clock generally starts when a physician first communicates a diagnosis of an asbestos-related injury or disease. For certain other latent injuries caused by exposure to a substance or product, the claim accrues when the person knew or should have known of the injury and its causal connection to the substance or product.
Claims involving sexual abuse during childhood are also subject to special accrual rules. Depending on the circumstances, the limitations period can be based on when the person reaches adulthood, when the injury and its connection to the abuse are communicated by a qualifying medical or mental health professional, or when corroborative evidence is discovered or reasonably should have been discovered.
While medical malpractice claims are generally subject to a two-year limitations period, Virginia provides additional time in certain cases. These include cases involving a foreign object with no therapeutic or diagnostic purpose left in the body, fraud or concealment that prevented discovery of the injury, and certain failures to diagnose cancer or specified tumors.
Can Anything Pause Statutes of Limitations?
Yes! This is called “tolling.” Essentially, the statute of limitations will pause for a while. When the pause is over, the statute of limitations will begin running again with the same amount of time left as before it paused.
Which Tolling Rules Apply to Minors, Incapacity, Fraud, or a Defendant Who Leaves Virginia?
Virginia Code § 8.01-229 provides several circumstances that can suspend or toll a statute of limitations, including infancy, incapacity, and certain conduct by a defendant that obstructs the filing of an action. Virginia Code § 8.01-249(1) provides a separate discovery rule for claims involving fraud or mistake.
When an injured person is a minor when a claim accrues, the limitations period is generally tolled during the period of minority. Once the person reaches adulthood, the applicable limitations period generally begins to run. Different rules apply to certain claims, including medical malpractice cases involving minors.
Incapacity can also affect the filing deadline. If a person is incapacitated when the claim accrues, the applicable limitations period generally begins after the disability is removed. If the person becomes incapacitated after the claim accrues, the period of incapacity generally is not counted toward the filing deadline. Special rules apply when a conservator, guardian, or committee has been appointed.
Fraud is handled somewhat differently. For claims based on fraud or mistake, the cause of action generally accrues when the fraud or mistake is discovered or reasonably should have been discovered through due diligence.
A defendant’s departure from Virginia does not automatically stop the statute of limitations. However, if the defendant uses direct or indirect means to obstruct the filing of an action, the period during which that obstruction continues is generally excluded from the limitations period.
Personal Injury Attorney in Virginia – Fishwick & Associates PLC
John P. Fishwick Jr., Esq.
John P. Fishwick Jr. is a nationally-recognized Virginia trial lawyer and founder of Fishwick & Associates PLC. He represents injured clients in personal injury and wrongful death matters and brings decades of courtroom experience to his practice. From 2015 to 2017, he served as the United States Attorney for the Western District of Virginia after receiving unanimous confirmation from the U.S. Senate.
A Roanoke native, John earned his J.D. cum laude from Washington and Lee University School of Law in 1983 after graduating from Harvard University. He previously clerked for U.S. District Judge James C. Turk and is admitted to practice before the Supreme Court of Virginia, the Fourth Circuit, both Virginia federal district courts, and the U.S. Supreme Court.
When Do Statutes of Limitations End in Civil Cases?
The deadline depends on the type of claim. Under Virginia law, most personal injury lawsuits must be filed within two years after the cause of action accrues. This generally includes claims arising from motorcycle accidents and other motor vehicle crashes.
Medical malpractice claims are also generally subject to a two-year limitations period, although Virginia law provides specific extensions and exceptions for certain cases.
What Is the Deadline for a Virginia Car Accident Injury Claim?
Virginia Code § 8.01-243(A) requires a personal injury lawsuit arising from a Virginia car accident to be filed within two years after the cause of action accrues.
A different deadline applies to damage to a vehicle or other property. Under § 8.01-243(B), an action for injury to property generally must be filed within five years after the cause of action accrues.
What Is the Deadline for Property Damage and Wrongful Death?
Virginia Code § 8.01-243(B) provides five years to bring an action for injury to property. This can include claims for damage to a vehicle or other personal property.
For wrongful death, Virginia Code § 8.01-244(B) requires the decedent’s personal representative to bring the action within two years after the injured person’s death.
Do Government Claims Have Different Notice Rules?
For claims against the Commonwealth of Virginia or a transportation district, Virginia Code § 8.01-195.6 requires written notice within one year after the claim accrues, subject to the exceptions stated in the statute. Virginia Code § 8.01-195.7 sets additional deadlines for commencing the lawsuit after notice is filed.
For negligence claims against a county, city, or town, Virginia Code § 15.2-209 requires written notice describing the nature of the claim and the time and place of the injury within six months after the claim accrues. The statute also contains provisions addressing actual knowledge of the claim and claimants who were under a disability when the claim accrued.
Have You Suffered an Injury? Contact Fishwick & Associates to Discuss Your Legal Options
After an accident, filing deadlines can become another concern alongside medical treatment, missed work, property damage, and communications with insurance companies. Taking action early can also provide more time to gather records and preserve evidence related to your claim.
Attorney John P. Fishwick Jr. is a nationally recognized trial lawyer who represents injured people throughout Virginia. Fishwick & Associates PLC can review the circumstances of your case, help you determine which filing requirements could apply, gather supporting evidence, and handle communications and negotiations with insurance companies.
Call Fishwick & Associates PLC at (540) 345-5890 or visit our office at 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 to request a free case evaluation. We represent accident victims in Roanoke and across Virginia.
Frequently Asked Questions
What is the statute of limitations for personal injury in Virginia?
Most personal injury lawsuits in Virginia must be filed within two years after the cause of action accrues. For an accident claim, the limitations period typically begins when the injury occurs. Certain claims are subject to different accrual rules or statutory exceptions.
How long do I have to file a car accident lawsuit in Virginia?
Virginia Code § 8.01-243(A) provides a two-year limitations period for personal injury claims arising from car accidents. A claim for damage to a vehicle or other property is subject to a different deadline, with § 8.01-243(B) providing a five-year limitations period for injury to property.
Can the statute of limitations be extended in Virginia?
Virginia law provides tolling rules that can suspend or affect the limitations period in certain circumstances. Under Virginia Code § 8.01-229, these can include infancy, incapacity, and certain conduct by a defendant that obstructs the filing of an action. Special rules also apply to some types of claims.
How long do you have to file a wrongful death lawsuit in Virginia?
Under Virginia Code § 8.01-244(B), the decedent’s personal representative must bring a wrongful death action within two years after the injured person’s death. The limitations period is based on the date of death rather than the date of the injury that ultimately caused the death.
What happens if you miss the statute of limitations in Virginia?
If the applicable statute of limitations expires before a lawsuit is filed, the defendant can raise the expired deadline as a defense and seek dismissal of the claim. However, an exception or tolling provision could affect the deadline in certain circumstances.
Do claims against Virginia government entities have shorter deadlines?
Certain government claims have notice requirements that apply before or in addition to the deadline for filing a lawsuit. Claims against the Commonwealth or a transportation district can require written notice within one year after accrual, while negligence claims against a Virginia county, city, or town can require written notice within six months.
