Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

VIRGINIA

Negligence / Personal Injury

2 years with Discovery Rule.

Wrongful Death

2 years with Discovery Rule.

Medical Malpractice

2 years. Medical malpractice actions must be filed within two years of the malpractice. In the case of minors under the age of eight, the minor has until his or her 10th birthday to file suit. In the case of minors eight and older, suit must be filed within two years of the date that the act giving rise to the injury occurred. In foreign object cases, suit must be filed within one year from the date that the object was, or should have been, discovered. In no event may suit be filed more than 10 years (SOR) from the date that the object was actually inserted.  For medical malpractice cases, limits on recovery apply. For acts of malpractice occurring on or after August 1st, 1999, total amount of damages recoverable may not exceed $1.5 million. Statute provides for annual increases in cap until July 1st, 2008.

Malpractice (Other Professions)

2 years

Products Liability

2 years with Discovery Rule.

Intentional Torts

1 year for libel, slander and defamation.

Fraud

2 years from the accrual of the cause of action. Right to recover for fraud or mistake is deemed to accrue when such fraud or mistake is or should have been discovered.

Municipal Liability/Sovereign Immunity

Cities and towns can be sued but require the filing of a notice of claim within 6 months of the occurrence giving rise to the action. The notice requirement is tolled for incapacities until the plaintiff is able to give notice.
State cannot be sued without its consent except in certain situations and with limits on recovery. Authorized claims barred unless presented in writing to the comptroller or other authorized person no later than 5 years after right to such claim arises. If claim not barred then SOL is 3 years from disallowance of the claim in whole or in part. State cannot be sued without its consent. Effective July 1st, 1982, state may be held liable for damages for tort, but damages for actions accruing prior to July 1st, 1988 may not exceed $25,000. For actions accruing on or after July 1st, 1988, damage cap is $75,000 actions accruing on or after July 1st, 1993, cap is $100,000 or limits of any insurance in force, whichever is greater.

Discovery Rule

See specific rules with respect to foreign objects (medical malpractice), fraud (generally and in medical malpractice), and computer crime. Otherwise standard rule applies in Virginia.

Comparative Negligence

Rule does not apply except in certain railroad crossing cases.

Charitable Immunity

Exists, except modified in cases of hospitals.

Disabilities

Statute runs after disability (infancy, insanity) ends.  Except in malpractice which is 2 years of accrual of action unless minor under 8 years old, in which case action must be brought by 10th birthday. SOL tolled by absence or  concealment of defendant and prevents SOL from running as long as defendant’s absence or concealment continues.

Punitive Damages

Rule: Allowed.
Caps: $350,000

Other Relevant Information

5 years for Loss of Services of Infant and Action for Cost of Curing Infant of
Injuries Caused by Defendant.

5 years for Action for Personal Injuries or Wrongful Death Arising from Improvement to Real Estate.

Injuries Resulting from Violation of Virginia Computer Crime Act: The earlier of 5 years from last act or 2 years from when last act discovered or should have been discovered.

Consumer Fraud Complaint

Virginia Office of the Attorney General, Antitrust and Consumer Litigation Section
http://www.oag.state.va.us/Consumer/index.html
(804)786-2071