Virginia statute of limitations by claim
In Virginia you generally have 2 years to sue for personal injury, 5 years for property damage, 5 years on a written contract and 3 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | Va. Code § 8.01-243(A)Applies whatever the theory of recovery. Latent injuries from exposure to a substance or product accrue when the person knew or should have known of the injury and its cause (§ 8.01-249(4a)). |
| Medical malpractice | 2 years | Va. Code § 8.01-243(A), (C)Repose: The extensions in § 8.01-243(C) cannot extend the period beyond 10 years from accrual Extended to 1 year from discovery for a foreign object left in the body, for fraud or concealment that prevented discovery, and for negligent failure to diagnose cancer or certain schwannomas (§ 8.01-243(C)). |
| Wrongful death | 2 years | Va. Code § 8.01-244(B)Must be brought by the personal representative. Section amended in 2025 (Acts 2025, c. 37). |
| Property damage | 5 years | Va. Code § 8.01-243(B) |
| Written contract | 5 years | Va. Code § 8.01-246(A)(2)Applies to a written contract signed by the party to be charged. A written contract not signed by that party is 3 years (§ 8.01-246(A)(4)). Sale of goods (UCC): 4 years (§ 8.2-725). |
| Oral contract | 3 years | Va. Code § 8.01-246(A)(4) |
| Credit card / account debt | 3 years | Va. Code §§ 8.01-246(A)(4), 8.01-249(8)5 years if the debt rests on a written contract signed by the debtor; merchant-to-merchant accounts 5 years from when dealings cease (§ 8.01-246(A)(2)–(3)). Medical debt: 3 years from the due date of the final invoice (§ 8.01-246(B), added by Acts 2024, c. 800). A written, signed promise or acknowledgment starts a new period (§ 8.01-229(G)). |
| Fraud | 2 years | Va. Code §§ 8.01-243(A), 8.01-249(1)The same discovery accrual applies to Virginia Consumer Protection Act claims based on misrepresentation. |
| Defamation | 1 year | Va. Code § 8.01-247.1Same period for libel, slander and insulting words. For anonymous or false-identity internet posts, the period is tolled until the publisher's identity is or should have been discovered. |
| Product liability | 2 years | Va. Code §§ 8.01-243(A), 8.01-246(C)Warranty claims for economic loss use the UCC 4-year period (§ 8.2-725). No product statute of repose; the 5-year repose for real property improvements excludes equipment manufacturers (§ 8.01-250). |
What is different in Virginia
Virginia is one of the few places where there is no time limit for prosecuting any felony, and one of five jurisdictions that still apply contributory negligence, so the deadline is often not the only trap in an injury case. Property damage gets 5 years, more than double the injury period, and since July 1, 2024 medical debt must be sued on within 3 years of the final invoice.
- Virginia has no statute of limitations for felonies; only misdemeanors and some listed offenses have time limits. (Va. Code § 19.2-8)[10]
- Since July 1, 2024, suits to collect medical debt must be filed within 3 years of the final invoice's due date (Acts 2024, c. 800). (Va. Code § 8.01-246(B))[11]
- Property damage claims get 5 years, more than double the 2-year personal injury period, and Virginia does not use a general discovery rule. (Va. Code §§ 8.01-243(B), 8.01-230)[12]
- Civil claims for childhood sexual abuse: 20 years from the later of turning 18 or being told by a physician or psychologist of the injury and its cause; adult sexual abuse 10 years (for claims accruing since July 1, 2020), or 15 years if the abuser was a person of authority. (Va. Code §§ 8.01-243(D)–(D2), 8.01-249(6))[13]
When the clock starts and stops
No general discovery rule: claims accrue on the date of injury or breach (§ 8.01-230). Statutory exceptions cover fraud, latent product or substance injuries, asbestos, childhood sexual abuse and certain medical-device claims (§ 8.01-249). (Va. Code §§ 8.01-230, 8.01-249)
Minors. Virginia pauses the clock while the injured person is a minor: the period starts at age 18. A minor may sue within the normal period after turning 18 (not if judicially emancipated). Medical malpractice: 2 years from the last act or omission, but a child injured before age 8 has until the 10th birthday (§ 8.01-243.1).[6]
Other tolling. Incapacity tolls (§ 8.01-229(A)); death of a party extends the period (§ 8.01-229(B)); after a voluntary nonsuit the plaintiff may refile within 6 months (§ 8.01-229(E)(3)).
Suing the government in Virginia
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written notice of claim (nature, time and place, agency) to the Director of the Division of Risk Management or the Attorney General within 1 year after the claim accruesAfter denial or 6 months after filing notice; within 18 months of filing the notice or 2 years after accrual (§ 8.01-195.7) | Va. Code §§ 8.01-195.6, 8.01-195.7 |
| Cities, counties and other local entities | Written notice of a negligence claim to the county, city or town attorney, chief executive or mayor within 6 months after the claim accruesWithin the ordinary limitation period (2 years for personal injury). Notice is excused if the locality had actual knowledge of the claim within 6 months. | Va. Code § 15.2-209 |
Criminal statute of limitations in Virginia
Most felonies in Virginia: No limit. Misdemeanors: 1 year (petit larceny: 5 years).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | No limit§ 19.2-8 sets limits only for misdemeanors and specific listed offenses; Virginia has no general limitation period for felonies. | Va. Code § 19.2-8 |
| Misdemeanors | 1 year (petit larceny: 5 years) | Va. Code § 19.2-8 |
| No time limit | All felonies | Va. Code § 19.2-8 |
| Sexual assault | Rape and other felony sexual offenses: no limit for adult or child victims. Listed misdemeanor sex offenses against minors: until 1 year after the victim turns 18, or 5 years if the offender was an adult more than 3 years older. | Va. Code § 19.2-8 |
| Theft | Grand larceny (felony): no limit. Petit larceny (misdemeanor): 5 years. |
Worked example
A rear-end crash on I-95 near Richmond on April 17, 2025: under the personal injury deadline is April 17, 2027, which falls on a weekend or federal holiday, so the filing day is usually extended to April 19, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032.
For a claim of $5,000 or less, Virginia’s small claims (Small Claims Division of General District Court) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Virginia?
What is the statute of limitations on debt in Virginia?
Does the statute of limitations pause for minors in Virginia?
What crimes have no statute of limitations in Virginia?
How long do you have to give notice of a claim against a Virginia city or county?
Sources
- Va. Code § 8.01-243(A): personal injury limitation period
- Va. Code § 8.01-243(A), (C): medical malpractice limitation period
- Va. Code § 8.01-244(B): wrongful death limitation period
- Va. Code § 8.01-246(A)(2): written contract limitation period
- Va. Code §§ 8.01-246(A)(4), 8.01-249(8): credit card / account debt limitation period
- Va. Code § 8.01-229(A)(1): tolling for minors
- Va. Code §§ 8.01-195.6, 8.01-195.7: claims against the state
- Va. Code § 15.2-209: claims against local government
- Va. Code § 19.2-8: criminal limitation periods
- Va. Code § 19.2-8
- Va. Code § 8.01-246(B)
- Va. Code §§ 8.01-243(B), 8.01-230
- Va. Code §§ 8.01-243(D)–(D2), 8.01-249(6)
- Virginia small claims (official court self-help)