Virginia Civil Statute of Limitations Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 12, 2025

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The term statutes of limitations 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.)

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 for trespass claims, personal property damage, and written contracts.

Of course, there are other types of legal actions. Here, we'll explain how the civil statutes of limitations 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.

What Happens if You Miss the Statute of Limitations?

Lawmakers in the Commonwealth of Virginia implemented the statutes of limitations to ensure that judges and juries decide cases based on fresh evidence. As time passes, witnesses' memories change, and evidence becomes stale.

Another reason the courts enforce the filing deadlines 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.

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. 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.

Exceptions to the Civil Statutes of Limitations

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 and asbestos. The courts also see this happen in medical malpractice cases.

Under the discovery rule, 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.

In other situations, the court will extend or "toll" the Virginia statute of limitations.

According to Virginia Statute §8.01-229, the courts may extend or toll the civil statute of limitations in the following circumstances:

  • The plaintiff is a minor — The clock will start running on the plaintiff's 18th birthday or when the minor becomes emancipated.
  • The plaintiff is incapacitated — For this exception to apply, the court must declare the person incapacitated. The clock continues to run when the court declares the person competent.
  • The defendant fraudulently evades service — If the defendant hides or commits fraud to avoid service of process, the courts may toll the statute of limitations.
  • The plaintiff (or defendant) dies — The court will pause the clock until the courts appoint the personal representative of the decedent's estate. The plaintiff has one year from the appointment to file a legal claim.

Virginia Statute of Limitations at a Glance

The chart below lists Virginia's civil statute of limitations laws.

Personal injury

Two years (§8.01-243(A))
Torts

Two years (§8.01-243(A))
Libel/slander

 Two years (§8.01-243(A))
Fraud

Two years (§8.01-243(A))
Personal property damage

Five years (§8.01-243(B))
Professional malpractice

For medical malpractice claims, the statute of limitations is one to two years. But, the statute allows for up to 10 years. (§8.01-243.1)
Trespass

Five years (§8.01-243(B))
Collection of rents

Under §8.2A-506, the statute of limitations is four years. But, the parties may not limit the statute of limitations to less than one year in their written contract.
Contracts/debt collections

The statute of limitations is five years for written contracts and three years for oral contracts. (§8.01-246(2) and (4))
Judgments

For judgments obtained before July 1, 2021, the statute of limitations is 20 years, and the lienholder can revive the statute as often as they like. As for judgments obtained on or after July 1, 2021, the statute is 10 years, and the lienholder can only revive the lien twice. This new law also limited the number of times a lienholder can revive their lien to twice. (§8.01-251(a), (c))

Disclaimer: State laws are constantly changing. Contact a Virginia personal injury attorney or conduct legal research to verify your state laws.

Have Questions About Virginia Civil Statutes of Limitations? Ask an Attorney

Filing a civil lawsuit can be confusing and overwhelming. Understanding Virginia's civil statutes of limitations can make things even more difficult. It's in your best interests to contact an experienced personal injury lawyer as soon as possible after your injury. This way, you can ensure you file your case before the statute of limitations period expires.

Civil Statutes of Limitations: Related Resources

Consider reviewing the following resources for more help with your legal issues, including those related to civil statutes of limitations:

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