{"id":376926,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-civil-statute-of-limitations-laws.html"},"modified":"2025-03-12T15:32:12","modified_gmt":"2025-03-12T20:32:12","slug":"virginia-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-civil-statute-of-limitations-laws.html","title":{"rendered":"Virginia Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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Virginia Civil Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The term statutes of limitations<\/a> refers to state laws limiting the time a person can file a civil case. Typically, Virginia’s civil statutes of limitations impact personal injury claims. The "clock," or statute of limitations period, begins on the date of your cause of action (i.e., car accident, wrongful death, etc.)<\/p>\r\n

Virginia’s statutes of limitations are relatively simple. The laws impose a two-year statute of limitations for personal injury cases, fraud, libel, and slander. There is a five-year statute of limitations<\/a> for trespass claims, personal property damage, and written contracts.<\/p>\r\n

Of course, there are other types of legal actions. Here, we’ll explain how the civil statutes of limitations<\/a> work in Virginia and provide the specific filing time periods for these cases. If you still have questions about your case, refer to FindLaw’s helpful resources or contact an experienced personal injury lawyer<\/a>.<\/p>\r\n

What Happens if You Miss the Statute of Limitations?<\/b><\/h2>\r\n

Lawmakers in the Commonwealth of Virginia implemented the statutes of limitations to ensure that judges and juries decide cases based on fresh evidence<\/a>. As time passes, witnesses’ memories change, and evidence becomes stale.<\/p>\r\n

Another reason the courts enforce the filing deadlines<\/a> is so would-be defendants don’t have to wait forever with the threat of a lawsuit hanging over their heads. By limiting the time in which a plaintiff can file their civil action, the courts offer the best chance for a fair justice system.<\/p>\r\n

If you don’t file your claim before the statute of limitations period expires, the court will dismiss your case. You’ll lose your chance to pursue damages<\/a>. Even if the court somehow misses that you filed your case out of time, the defendant will undoubtedly file a motion to dismiss. The judge will have no choice but to grant their motion.<\/p>\r\n

Exceptions to the Civil Statutes of Limitations<\/b><\/h2>\r\n

Sometimes, the courts make an exception to the strict statutes of limitations. Sometimes, plaintiffs are unaware that they’ve suffered an injury until a significant amount of time has passed. This is common in cases involving mesothelioma<\/a> and asbestos. The courts also see this happen in medical malpractice cases.<\/p>\r\n

Under the discovery rule<\/a>, the courts will extend the statute of limitations period. Specifically, the period doesn’t start until the plaintiff discovers (or should have discovered) their injury.<\/p>\r\n

In other situations, the court will extend or "toll<\/a>" the Virginia statute of limitations.<\/p>\r\n

According to Virginia Statute \u00a78.01-229<\/a>, the courts may extend or toll the civil statute of limitations in the following circumstances:<\/p>\r\n