Virginia Personal Injury Statute of Limitations Calculator

The general rule: two years, and the clock starts at injury, not discovery

Under Va. Code § 8.01-243.A, most personal injury claims must be filed within two years. Virginia generally follows the "occurrence rule" rather than a discovery-based approach: the clock typically starts running on the date of the injury itself, not the date it was discovered.

Property damage: a notably longer five years

Here's a genuinely large gap worth knowing. Property damage claims generally get five years under § 8.01-243.B — two and a half times the general personal injury period.

Medical malpractice and obstruction tolling

Medical malpractice claims follow their own extended framework with a real outer limit, and Virginia has a genuinely distinctive tolling rule for when a defendant actively obstructs a plaintiff's ability to file. See our full guide to Virginia's discovery rule and tolling for both.

Government claims: a genuine two-tier notice structure

Claims against the Commonwealth and claims against a county, city, or town follow different notice deadlines entirely. See our full guide to Virginia government claim deadlines for this real structural difference.

Virginia statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in Virginia?

Two years from the date of the injury, under Virginia Code section 8.01-243.A. Virginia generally uses the "occurrence rule," meaning the clock typically starts on the date of the injury itself, not when it was discovered.

Does property damage share the same two-year deadline in Virginia?

No, and the gap is notably large. Property damage claims generally get five years under section 8.01-243.B — two and a half times the general personal injury period.

Is Virginia's wrongful death deadline also two years?

Yes. Wrongful death claims generally must be filed within two years of the date of death, matching the general personal injury rule.

Does Virginia generally use a discovery rule for personal injury claims?

No, not as the default. Virginia generally follows the occurrence rule, starting the clock on the date of injury rather than the date of discovery, with specific statutory exceptions for certain claims.

What happens if I miss Virginia's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Virginia statute (Va. Code § 8.01-243) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed Virginia attorney before acting.