Guide to the Statute of Limitations for Car Accident and Injury Cases in Virginia
You Must File a Civil Action (Complaint) Within Two Years of the Date of Your Injury
In Virginia, the statute of limitations is a complete bar to actions for personal injury that do not meet its time limits.
No matter how strong your case or severe your injuries – you will receive nothing unless you file a lawsuit before the statute of limitations expires. This is true even if everyone agrees that someone else’s negligence caused your damages. And there are few exceptions.
This article explains the statutes of limitations for personal injury actions in Virginia. Time limits for filing for damages arising from car accidents, truck accidents, property damage, defamation, and other injuries are discussed. And I will help you understand when the statutes of limitations for your injury begin to run.
Keep reading to learn more about the statutes of limitations for civil actions in Virginia. And call me if you want a free consultation with a top-ranked personal injury and car accident lawyer: (804) 251-1620 or (757) 810-5614. I am ready to help you recover every dollar possible.
Why Is There a Statute of Limitations for Personal Injury and Auto Accident Lawsuits in Virginia?
Courts have used statutes of limitations for hundreds of years. Their purpose is to force you to exercise your legal rights within a reasonable time and to protect defendants.
The Supreme Court of Virginia said that time limitations for filing help:
- Prevent fraudulent and stale claims
- Eliminate surprise associated with complaints from years ago
- Avoid problems with gathering evidence when documents have been lost, memories have faded, and witnesses have died
Statute of Limitation vs. Statute of Repose: What is the Difference?
The terms “statutes of limitations” and “statutes of repose” are sometimes used interchangeably.
A statute of repose (also called a nonclaim statute) is similar to a statute of limitations. It cuts off legal rights after a certain date.
However, there are essential differences between a statute of repose and a statute of limitations.
First, the general rule is that the time limitation in a statute of limitations starts when the cause of action accrues. By contrast, the time limitation in a statute of repose starts to run from an event unrelated to your accrual of action. When the time limit expires, all causes of action are extinguished – even those that may accrue later.
Second, a statute of limitations focuses on forcing the injured person to take timely action. By contrast, a statute of repose protects the negligent party from liability after a specific time, even if the injured person could not have discovered the harm until after that time.
Third, the effect of a statute of limitations can sometimes be avoided or tolled. By contrast, the deadlines found in a statute of repose are more challenging to get around.
Classifying the Action: How to Determine What Statute of Limitations Applies to Your Injury Claim
Because there are multiple statutes of limitations, you must determine which time limit applies to your injury claim. Separate statutes of limitations apply to claims for:
- Birth Injury
- Child Injury
- Intentional Torts (Assault and Battery)
- Breach of Contract (In Writing)
- Breach of Contract (Not in Writing)
- Civil Rights Violations under Section 1983 of the Civil Rights Act
- Defamation (Libel and Slander)
- False Imprisonment
- Fraud
- Legal Malpractice
- Medical Malpractice
- Motor Vehicle Accidents
- Product Liability
- Property Damage
- Trespass
- Workers Compensation
- Wrongful Death
Therefore, the first step in determining the statute of limitations for personal injury is identifying the type of civil action involved.
Is It Possible for More Than One Statute of Limitations to Apply to My Injury Case?
Yes.
Some injuries result in multiple claims.
For example, a back injury in a work-related automobile accident may result in a workers comp claim with your employer, a tort claim against the negligent driver, and an underinsured or uninsured motorist claim with your auto liability insurance company. In this situation, several statutes of limitations may apply.
What is the Statute of Limitations for My Injury Action?
Virginia Code Section 8.01-243(A) provides the statute of limitations for personal injury claims. The general rule is that you have two years from the accident date to file a civil action for personal injuries.
Statutes of Limitations for Claims for Physical Injuries or Mental Trauma such as PTSD
This two-year statute of limitations applies to tort claims based on:
- Assault and Battery (the Intentional Torts)
- Auto Accidents
- Bicycle Accidents
- Civil Rights Violations
- Defective Products
- False Imprisonment
- Medical Malpractice
- Motorcycle Accidents
- Negligent Entrustment
- Negligent Security
- Pedestrian Accidents
- Premises Liability (Slip and Fall Accidents)
- Sexual Abuse
- Tractor-Trailer Accidents
- Work Accidents (though you must give notice to your employer sooner and file your claim with the Workers Compensation Commission)
Statutes of Limitations for Claims for Harm to Reputation
For actions for injuries caused by defamation, libel, or slander, you have only one year to file a lawsuit.
Statutes of Limitations for Legal Malpractice Claims
For legal malpractice actions, you have either three or five years to file a lawsuit. If you had a written retainer agreement, the longer time limit applies.
Statutes of Limitations for Property Damage Arising Out of a Motor Vehicle Accident
If you were hurt in a traffic collision involving your vehicle, you have at least two claims against the other driver. One for injuries. And another for property damage.
The regular statute of limitations applies to your claim for injuries; however, a longer time limit applies to your property damage claim.
In Virginia, you have five years from the accident date to file a lawsuit based on property damage. Virginia Code Section 8.01-243(B) has this time limit.
Statutes of Limitations for Injuries Based on Unsafe Improvements to Real Property
If changes to property cause injury, you may have a claim against the persons responsible for the design, planning, surveying, and construction of those changes. Changes are also called “improvements.”
Virginia Code Section 8.01-250 states you have five years to file this type of injury claim.
Calculating Accrual of the Cause of Action: When Does the Clock Start to Run for Statutes of Limitations Purposes?
The statute of limitations for your injury case begins to run when your cause of action accrues.
Virginia Code Section 8.01-230 gives guidance on when an action accrues. This statute states:
In every action for which a limitation period is prescribed, the right of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person or damage to the property …
The term “injury” means physical or mental harm.
If you suffer an injury in a car crash or industrial accident, determining when the cause of action accrues is easy. Your damage occurs on the date of the accident.
But determining the accrual date in other types of injury cases is more complicated. In particular, medical malpractice and occupational disease claims cause the most problems when calculating the statute of limitations. This is because you may not receive an actual diagnosis and discover the harm until years after you report symptoms.
The General Assembly and courts have addressed some of these difficult situations.
Accrual of Cause of Action for Medical Negligence
In claims based on medical negligence, some courts have found that the statute of limitations does not begin to run until the medical treatment resulting in damages is complete.
Similarly, the time of discovery rule applies in medical negligence claims alleging a foreign object left in the body, a failure to diagnose, or fraud and concealment. The statute of limitations does not start until you discover the error.
The General Assembly has addressed personal injury actions based on defective implantation of a prosthetic device for breast augmentation or reconstruction. These actions accrue when a physician first tells you that the injury is related to the implantation.
Accrual of Cause of Action for Birth Injuries and Injuries to Minors
Birth injuries and injuries to minors also have different accrual rules.
A child has until age 10 to file a medical malpractice lawsuit and until age 20 to file a personal injury lawsuit based on a motor vehicle accident. Put another way, the cause of action for medical malpractice does not accrue until age eight. And the cause of action for motor vehicle accidents does not accrue until age 18.
Accrual of Cause of Action for Asbestos or Mesothelioma
Virginia Code Section 8.01-249 provides that a cause of action based on exposure to asbestos or products containing asbestos begins to accrue when a diagnosis is first communicated to the claimant by a physician.
Accrual of Cause of Action for Sexual Abuse
Actions based on sexual abuse accrue when a licensed physician, psychologist, or clinical psychologist tells you that your damages are linked to sexual abuse.
A parent’s cause of action for emotional distress resulting from the sexual abuse of a child accrues at the same time as the child’s action.
The Statute of Limitations Defense is an Affirmative Defense. The Defendant Must Raise it in Responsive Pleadings.
The defendant in a personal injury lawsuit must assert the statute of limitations as an affirmative defense. If the defendant fails to raise the limitation defense, it is waived, even if the plaintiff did not file the action in time.
Once raised, the defendant has the burden of proof to establish the statute of limitations defense.
Do I Need to Take My Injury to Trial or Negotiate a Settlement Before the Statute of Limitations Expires?
No.
The statutes of limitations require that you file a civil action in court before the applicable time limit expires. They do not require that you resolve your case before the deadline.
Many cases take longer than two years to resolve. Usually, you do not want to negotiate a personal injury settlement or go to trial until you have reached maximum medical improvement. Only then can you determine the cost of your future medical expenses.
Tolling the Statute of Limitations: How Do I Extend the Time to File My Injury Lawsuit?
You have read the entire article. And now you are concerned that you have waited too long to file a complaint in court in Virginia.
You may be in luck.
In certain situations, the statute of limitations is tolled. This means it will not begin to run from the date of injury or if it has started to run, it will be suspended for a period.
The personal injury statute of limitations may be tolled if:
- You are disabled. The definition of disability, or incapacity, differs from the description used in Social Security Disability claims.
- You are a minor under age 18.
- You are of unsound mind for any part of the statute of limitations period.
- The defendant committed fraud
- You filed a motion for nonsuit. Under Virginia Code Section 8.01-229, you can refile your action within six months from the date of nonsuit.
If more than two years have passed since your injury, but you think one of the above situations applies, call an attorney.
File a Strong Complaint Before the Statute of Limitations for Personal Injury Expires
Hurt in a motor vehicle accident?
Were you harmed by a defective product?
Call me: (804) 251-1620 or (757) 810-5614. As your personal injury lawyer, I will do everything I can to build your case – and win.
- Will the Dollar Tree Store Closures Affect My Workers’ Compensation? - March 14, 2024
- SSA Proposes a Rule Change to Work History Evaluation - November 1, 2023
- VA Workers Comp Lawyer: We Win Work Injury Claims - May 8, 2017
