VIRGINIA

Negligence / Personal Injury
2 Years Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243
Toxic Tort
2 Years Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243
Wrongful Death
2 Years Every 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. Va. Code Ann. § 8.01-244
Medical Malpractice
2 Years Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243
Products Liability
2 Years

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243

Discovery:

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va Code 8.01-243(A).

Intentional Torts
year for libel, slander and defamation.
Fraud
2 Years A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243

In Virginia, the statute of limitations for fraud is two years, and begins running when the alleged fraud is discovered or should have been discovered by the exercise of reasonable diligence. Va.Code Ann. §§ 8.01–243, 8.01–249 (2011); Va. Imports, Inc. v. Kirin Brewery of Am., LLC, 296 F.Supp.2d 691, 699 (E.D.Va.2003). This discovery rule places the burden on the plaintiff “to prove that he acted with due diligence and yet did not discover the fraud or mistake until within the statutory period of limitation immediately preceding the commencement of the action.” Hughes v. Foley, 203 Va. 904, 907, 128 S.E.2d 261 (Va.1962). To comply with the due diligence requirement, the plaintiff must use “[s]uch a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent [person] under the particular circumstances.” STB Marketing Corp. v. Zolfaghari, 240 Va. 140, 144, 393 S.E.2d 394 (Va.1990). Informatics Applications Group, Inc. v. Shkolnikov, 836 F.Supp.2d 400, 425 (E.D.Va. 2011)
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.
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
No-Fault Insurance
None
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.

5 years for damages for asbestos-related death.

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

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