In Virginia, the statute of limitations for most personal injury claims is two years from the date of the injury (Va. Code § 8.01-243). If you do not file a lawsuit within that window, you generally lose the right to recover compensation — permanently.
The General Rule: Two Years
Two years can pass quickly while you focus on recovery. Evidence fades, witnesses move, and memories blur, so acting early is critical.
Claims Against Government Entities
If your injury involves a city, county, or the Commonwealth — a pothole, a transit bus, a government vehicle — special notice requirements apply, and they are far shorter than two years. Notice to a Virginia locality may be required within six months.
Missing a government notice deadline can bar an otherwise valid claim, which is why these cases need prompt legal attention.
Exceptions That Can Change the Deadline
Some situations alter the standard deadline. Claims involving minors may be tolled until the child reaches majority. Wrongful death claims run two years from the date of death. Medical malpractice has its own nuances and possible discovery considerations.
Why Acting Early Helps
Beyond the deadline itself, prompt action preserves the evidence that wins cases. Skid marks fade, surveillance footage is overwritten, and vehicles are repaired. The sooner an attorney begins, the stronger your claim.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.