Virginia Statute of Limitations: Filing Deadlines by Case Type
What Is a Statute of Limitations in Virginia?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or bring criminal charges. Once this deadline passes, the claim is typically barred forever. In Virginia, these time limits vary based on whether the case is civil or criminal, and the specific type of claim involved.
Virginia's statutes of limitations serve two purposes. They protect defendants from facing stale claims based on faded memories and lost evidence. They also encourage plaintiffs and prosecutors to pursue valid claims in a reasonable timeframe.
Understanding these deadlines is critical. If you miss the filing window by even one day, the court will almost certainly dismiss your case.
Virginia Civil Statute of Limitations
Virginia's civil statutes of limitations are found primarily in Title 8.01, Chapter 4 of the Code of Virginia. The filing period depends on the type of civil claim.
Personal Injury (2 Years)
Under Va. Code 8.01-243(A), every action for personal injuries must be filed within 2 years after the cause of action accrues. This applies regardless of the legal theory of recovery.
The clock generally starts on the date of the injury. However, Virginia courts recognize a discovery rule for certain types of injuries. If the injury was not immediately apparent, the statute may begin running when the plaintiff discovers or reasonably should have discovered the harm.
Fraud (2 Years)
Actions for damages resulting from fraud must also be filed within 2 years under Va. Code 8.01-243(A). Under Va. Code 8.01-249, the cause of action accrues when the fraud is discovered or reasonably should have been discovered through due diligence.
Libel and Slander (2 Years)
Defamation claims, including both libel (written) and slander (spoken), must be brought within 2 years under Va. Code 8.01-243(A).
Property Damage (5 Years)
Every action for injury to property must be filed within 5 years after the cause of action accrues, as specified in Va. Code 8.01-243(B). This includes damage to personal belongings, vehicles, real estate, and other property.
Trespass (5 Years)
Trespass claims in Virginia also carry a 5-year statute of limitations under Va. Code 8.01-243(B).
Wrongful Death (2 Years)
Under Va. Code 8.01-244, every wrongful death action must be brought by the personal representative of the decedent within 2 years after the date of death. This is not measured from the date of the injury, but from the date the person actually died.
If such an action is filed and later dismissed without a decision on the merits, the time the action was pending does not count against the two-year deadline.
Contracts
Virginia distinguishes between written and oral contracts under Va. Code 8.01-246.
- Written contracts: 5 years from the date of breach (Va. Code 8.01-246(2))
- Oral contracts: 3 years from the date of breach (Va. Code 8.01-246(4))
The statute of limitations begins to run when the breach occurs, not when the resulting damage is discovered.
Medical Malpractice (2 Years, With Exceptions)
Medical malpractice claims against health care providers must generally be filed within 2 years under Va. Code 8.01-243(A). However, there are several important exceptions.
Under Va. Code 8.01-243.1, special rules apply for minors. If the patient was under age 8 at the time of the malpractice, the action must be filed before the child's 10th birthday.
Additional extensions apply in these situations:
- Foreign objects left in the body: The deadline extends to 1 year from the date the object is discovered or reasonably should have been discovered.
- Failure to diagnose cancer or a malignant tumor: The deadline extends to 1 year from the date the diagnosis is communicated to the patient, provided the underlying act or omission occurred on or after July 1, 2008.
- Failure to diagnose a schwannoma: The deadline extends to 1 year from the date the diagnosis is communicated, if the act or omission occurred on or after July 1, 2016.
In all medical malpractice cases, there is a maximum outer limit of 10 years from the date of the act or omission.
Product Liability (2 Years)
Virginia does not have a separate product liability statute of limitations. These claims fall under the general personal injury provision of Va. Code 8.01-243(A), giving injured parties 2 years to file suit. For latent injuries caused by products, the discovery rule may apply under Va. Code 8.01-249.
Judgments (20 Years)
Under Va. Code 8.01-251, enforcement of a judgment must occur within 20 years from the date of the judgment. The judgment creditor may extend this period by recording a certificate in the clerk's office before the 20-year deadline expires. Each extension lasts 10 years, and up to two extensions are permitted, for a potential maximum enforcement period of 40 years.
Enforcing the lien of a judgment on real property must occur within 10 years of the judgment.
Civil Sexual Abuse Claims
Virginia provides extended filing periods for civil sexual abuse claims under Va. Code 8.01-243.
- Sexual abuse during infancy or incapacity: The victim has 20 years after the cause of action accrues (Va. Code 8.01-243(D)).
- Sexual abuse of an adult by a person in authority: The victim has 15 years after the cause of action accrues.
- Other sexual abuse (accruing on or after July 1, 2020): The victim has 10 years after the cause of action accrues (Va. Code 8.01-243(C)).
For cases involving minors, the cause of action generally accrues when the victim turns 18, giving them until as late as age 38 to file suit.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 2 years | Va. Code 8.01-243(A) |
| Fraud | 2 years (from discovery) | Va. Code 8.01-243(A) |
| Libel / Slander | 2 years | Va. Code 8.01-243(A) |
| Wrongful Death | 2 years (from date of death) | Va. Code 8.01-244 |
| Medical Malpractice | 2 years (max 10 years) | Va. Code 8.01-243(A), 8.01-243.1 |
| Product Liability | 2 years | Va. Code 8.01-243(A) |
| Property Damage | 5 years | Va. Code 8.01-243(B) |
| Trespass | 5 years | Va. Code 8.01-243(B) |
| Written Contracts | 5 years | Va. Code 8.01-246(2) |
| Oral Contracts | 3 years | Va. Code 8.01-246(4) |
| Judgments | 20 years (extendable) | Va. Code 8.01-251 |
| Sexual Abuse (minor victim) | 20 years | Va. Code 8.01-243(D) |
| Sexual Abuse (adult, by authority figure) | 15 years | Va. Code 8.01-243 |
| Sexual Abuse (other, after July 1, 2020) | 10 years | Va. Code 8.01-243(C) |
Virginia Criminal Statute of Limitations
Virginia's criminal statute of limitations is governed primarily by Va. Code 19.2-8. Unlike many states, Virginia takes a straightforward approach to felonies.
Felonies: No Time Limit
Virginia has no statute of limitations for any felony. This is a significant distinction from most other states. There is no deadline for prosecutors to bring charges for crimes such as:
- Murder and manslaughter
- Rape and sexual assault
- Robbery and burglary
- Arson
- Kidnapping
- Grand larceny
- Drug trafficking
- Aggravated assault
Va. Code 19.2-8 addresses only misdemeanor time limits. Because felonies are not mentioned, they carry no filing deadline. This has been confirmed by Virginia courts and is reinforced by Va. Code 19.2-8.1, which specifically states that the passage of time is not a limitation for murder or manslaughter.
Misdemeanors: General Rules
The default statute of limitations for misdemeanor crimes in Virginia is 1 year from the date the offense was committed. However, several categories of misdemeanors have longer or shorter periods.
Misdemeanors With Longer Deadlines
| Misdemeanor Type | Time Limit | Notes |
|---|---|---|
| Petit larceny | 5 years | Va. Code 19.2-8 |
| Identity theft / Computer crimes | 5 years (or 1 year from discovery) | Whichever is later |
| Misdemeanor violation with professional license | 5 years (max), 1 year from discovery | Va. Code 19.2-8 |
| Toxic substance discharge, dumping, or emission | 3 years | Va. Code 19.2-8 |
| False claims under Virginia Unemployment Compensation Act | 3 years | Va. Code 19.2-8 |
| Tax evasion or failure to pay | 3 years | Va. Code 19.2-8 |
| Falsifying patient records | 3 years | Va. Code 19.2-8 |
| Illegal sales of wild birds, animals, or freshwater fish | 3 years | Va. Code 19.2-8 |
| Violation of Virginia Real Estate Board rules | 3 years | Va. Code 19.2-8 |
| Malfeasance in office | 2 years | Va. Code 19.2-8 |
| Building Code violations | 2 years | Va. Code 19.2-8 |
| Attempt to produce abortion | 2 years | Va. Code 19.2-8 |
| Practicing law without authority | 2 years | Va. Code 19.2-8 |
| Cruelty to animals (non-agricultural) | 5 years | Va. Code 19.2-8 |
| Cruelty to agricultural animals | 1 year | Va. Code 19.2-8 |
| All other misdemeanors | 1 year | Va. Code 19.2-8 |
Crimes Against Children
Virginia provides special provisions for crimes committed against children.
- Statutory rape of a child between 13 and 15: No statute of limitations.
- Taking indecent liberties with children: No statute of limitations.
- Misdemeanor attempted sexual battery of a minor: Must be prosecuted within 1 year after the victim reaches majority (age 18). If the offender was an adult and more than 3 years older than the victim, the deadline extends to 5 years after the victim reaches majority.
- Sexual abuse of a child under 15: Must be prosecuted within 1 year after the victim reaches majority.
- Penetration of mouth of child with lascivious intent: Must be prosecuted within 1 year after the victim reaches majority.
When the Clock Stops (Tolling)
Under Va. Code 19.2-8, the statute of limitations does not run during any period when the accused is:
- Fleeing from justice: If the defendant leaves the state or goes into hiding to avoid arrest, the clock pauses until they return or are found.
- Desertion or failure to support: For cases involving desertion of a spouse or child, or neglect or failure to provide support, there is no time limitation.
Tolling Rules for Civil Cases
Va. Code 8.01-229 provides several situations where the statute of limitations is paused (tolled) in civil cases.
Minors
If the injured person was a minor (under 18) when the cause of action arose, the statute of limitations does not begin to run until the person turns 18. The time spent as a minor is not counted against the filing deadline.
Incapacitated Persons
If the person entitled to bring an action was incapacitated at the time the cause of action accrued, the statute is tolled until the disability is removed.
Defendant Prevents Filing
If the defendant obstructs the filing of a lawsuit through fraud, concealment, or intentional misrepresentation, the statute may be tolled. In cases involving fraud that prevented discovery of the injury within the normal limitation period, the deadline is extended for 1 year from the date of discovery.
Workers' Compensation Awards
If a workers' compensation award is later found void (other than for fraud by the claimant), the statute of limitations for any related civil action is tolled for the period during which compensation payments were being made.
Nonsuit
If a plaintiff takes a voluntary nonsuit (dismisses their own case), Va. Code 8.01-229(E)(3) allows them to refile the action within 6 months of the nonsuit or within the remaining limitation period, whichever is longer.
What Happens When You Miss the Deadline?
If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise the expired deadline as a defense. The court will then dismiss the case. Once dismissed on statute of limitations grounds, the claim is permanently barred.
In criminal cases, if the prosecution brings charges after the applicable deadline, the defendant can move to dismiss. For felonies in Virginia, this is not a concern because there is no time limit.
Virginia courts strictly enforce these deadlines. The state does not generally allow "equitable tolling" beyond the specific exceptions written into the code. Missing your filing deadline by even one day will almost certainly result in the loss of your claim.
Tips for Protecting Your Filing Rights
- Act promptly. Do not wait until the last minute to file a lawsuit or report a crime.
- Identify your claim type. The statute of limitations depends on the specific type of case, so make sure you know which deadline applies.
- Check for tolling. If you were a minor, incapacitated, or the defendant concealed information, you may have additional time.
- Consult a Virginia attorney. A lawyer can confirm the exact deadline for your situation and help you file before it expires.
- Keep records. Document the date of the injury, breach, or incident. This information is critical for determining when the clock starts.
More Virginia Laws
Sources and References
- Va. Code 8.01-243 - Personal action for injury to person or property generally(law.lis.virginia.gov).gov
- Va. Code 8.01-244 - Actions for wrongful death; limitation(law.lis.virginia.gov).gov
- Va. Code 8.01-246 - Personal actions based on contracts(law.lis.virginia.gov).gov
- Va. Code 8.01-243.1 - Actions for medical malpractice; minors(law.lis.virginia.gov).gov
- Va. Code 8.01-249 - When cause of action shall be deemed to accrue(law.lis.virginia.gov).gov
- Va. Code 8.01-229 - Suspension or tolling of statute of limitations(law.lis.virginia.gov).gov
- Va. Code 8.01-251 - Limitations on enforcement of judgments(law.lis.virginia.gov).gov
- Va. Code 19.2-8 - Limitation of prosecutions(law.lis.virginia.gov).gov
- Va. Code 19.2-8.1 - Prosecution for murder or manslaughter; passage of time not a limitation(law.lis.virginia.gov).gov
- Code of Virginia - Chapter 4: Limitations of Actions(law.lis.virginia.gov).gov