How much time do you have to file a lawsuit in Virginia?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Virginia Statutes

Virginia Statutes of Limitation

? 8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider.

A. Unless otherwise provided in this section or by other statute, evary action for personal injuries, whatever the theory of recovary, and evary action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

B. Evary action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues.

C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows:

1. In cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patient's body, for a period of one year from the date the object is discovered or reasonably should have been discovered; and

2. In cases in which fraud, concealment or intentional misrepresentation prevented discovary of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered.

? 8.01-243.1. Actions for medical malpractice; minors.
Notwithstanding the provisions of ? 8.01-229 A and except as provided in subsection C of ? 8.01-243, any cause of action accruing on or after July 1, 1987, on behalf of a person who was a minor at the time the cause of action accrued for personal injury or death against a health care provider pursuant to Chapter 21.1 (? 8.01-581.1 et seq.) shall be commenced within two years of the date of the last act or omission giving rise to the cause of action except that if the minor was less than eight years of age at the time of the occurrence of the malpractice, he shall have until his tenth birthday to commence an action. Any minor who is ten years of age or older on or before July 1, 1987, shall have no less than two years from that date within which to commence such an action.

? 8.01-244. Actions for wrongful death; limitation.

A. Notwithstanding the provisions of ? 8.01-229 B, if a person entitled to bring an action for personal injury dies as a result of such injury with no such action pending before the expiration of two years next after the cause of action shall have accrued, then an action under ? 8.01-50 may be commenced within the time limits specified in subsection B of this section.

B. Evary action under ? 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person. If any such action is brought within such period of two years after such person's death and for any cause abates or is dismissed without determining the merits of such action, the time such action is pending shall not be counted as any part of such period of two years and another action may be brought within the remaining period of such two years as if such former action had not been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant to ? 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal pursuant to this subsection, and the provisions of subdivision E 3 of ? 8.01-229 shall apply to such a nonsuited action.

? 8.01-248. Personal actions for which no other limitation is specified.
Evary personal action accruing on or after July 1, 1995, for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued.

? 8.01-247.1. Limitation on action for defamation, etc.
Evary action for injury resulting from libel, slander, insulting words or defamation shall be brought within one year after the cause of action accrues.
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