# When does the Virginia statute of limitations run on your claim?

Page: Virginia Statute of Limitations: Personal Injury Checker
URL: https://roanokecrashlawyerguide.com/tools/claim-deadline/
Last reviewed: 2026-10-13

> Under Va. Code § 8.01-243, a personal injury action must be filed within two years of accrual and a property damage action within five years. Wrongful death is two years from death. Claims against localities and the Commonwealth also require written notice within six months or one year.

The interactive checker on the web page adds the period from the table below to the start date you enter.

## Which deadline applies to which claim?

The table below is the rule set the checker uses. It is shown here in full so you can read it without the tool.

| Claim | Period | Runs from | Statute |
| --- | --- | --- | --- |
| Personal injury | two years | The date the cause of action accrues (the crash date) | [Va. Code § 8.01-243(A)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/) |
| Injury to property (property damage) | five years | The date the cause of action accrues (the crash date) | [Va. Code § 8.01-243(B)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/) |
| Wrongful death (action by the personal representative) | two years | The date of death | [Va. Code § 8.01-244(B)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/) |
| Written notice of claim: county, city or town | six months | The date the cause of action accrued | [Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/) |
| Written notice of claim: the Commonwealth | one year | The date the cause of action accrued | [Va. Code § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/) |

The checker produces an estimate only. For the order of events after a claim opens, see the [claim timeline](https://roanokecrashlawyerguide.com/claims/timeline/); for what to do first, see the [steps after a crash](https://roanokecrashlawyerguide.com/steps/after-a-crash/). It is not legal advice, and exceptions exist.

## When does the period start?

A limitation period begins when the right of action accrues. The right of action accrues on the date of injury, not on the date the damage is discovered ([Va. Code § 8.01-230](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-230/)).

For a wrongful death, the period runs from the death of the injured person instead; see the [wrongful death guide](https://roanokecrashlawyerguide.com/virginia-law/wrongful-death/) ([Va. Code § 8.01-244(B)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/)).

## What notice does a claim against a locality require?

A county, city or town claim has a notice step in addition to the filing period. The claim is barred unless a written statement of its nature, including the time and place of the injury, is filed within six months after the cause of action accrued ([Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)).

To give notice:

1. Write the statement: the nature of the claim, and the time and place the injury allegedly occurred.
2. Address it to the county, city or town attorney, or to the chief executive or mayor of the county, city or town. The statute does not name a clerk.
3. Deliver it by hand, by mail or by commercial delivery.
4. Keep proof of delivery. The notice counts as filed when it is received in the office of the official to whom it is directed.

Failure to file does not bar the claim if the locality's attorney, chief executive or mayor, or the insurer or entity covering the claim, had actual knowledge of the claim within six months after the cause of action accrued. For a claimant under a disability when the cause of action accrued, the tolling provisions of § 8.01-229 apply. The section's provisions are mandatory and strictly construed ([Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)).

| Defendant | Notice period | File with | Statute |
| --- | --- | --- | --- |
| County, city or town | six months | Locality attorney, or chief executive or mayor | [§ 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/) |
| The Commonwealth | one year | Director of the Division of Risk Management, or the Attorney General | [§ 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/) |

## What notice does a claim against the Commonwealth require?

A claim against the Commonwealth or a transportation district is barred unless a written statement is filed within one year after the cause of action accrued. The statement gives the nature of the claim, the time and place of the injury, and the agencies alleged to be liable ([Va. Code § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/)).

File it with the Director of the Division of Risk Management or the Attorney General. For a claim involving the Department of Transportation, the statement goes to the Commissioner of Highways ([Va. Code § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/)).

Section 8.01-195.7 then controls the suit. Suit may begin on denial of the claim or six months after the notice is filed, and must start within 18 months after notice or two years after accrual ([Va. Code § 8.01-195.7](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.7/)). Confirm the exact wording before relying on it.

Recoverable damages against the Commonwealth are limited by § 8.01-195.3 to $100,000 for causes accruing on or after July 1, 1993, or the limits of an applicable liability policy if higher, exclusive of interest and costs ([Va. Code § 8.01-195.3](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.3/)).

## What tolls the period?

Tolling is a suspension of the period. Va. Code § 8.01-229 lists several grounds. Each is summarized here, and each has conditions in the statute ([Va. Code § 8.01-229](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/)).

- **Infancy at accrual.** The claimant may bring the action within the prescribed period after the disability is removed.
- **Minority arising later.** Time spent as a minor is not counted, unless the person is judicially declared emancipated.
- **Incapacity.** Time of incapacity is not counted. If a guardian, conservator or committee is appointed, the action may be brought before the period ends or within one year after qualification, whichever is later.
- **Death of the plaintiff.** The personal representative may sue before the period ends or within one year after qualifying, whichever is later.
- **Death of a defendant.** A claim against the estate may be filed within the period or within one year after the personal representative qualifies, whichever is later.

A wrongful death period also excludes the time an earlier suit was pending if that suit abated or was dismissed without a decision on the merits. A voluntary nonsuit under § 8.01-380 is not an abatement or dismissal ([Va. Code § 8.01-244(B)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/)).

## How is the result calculated?

The checker applies the periods in the rules table to the dates you enter. It does the following:

1. Reads the crash date and the claim type.
2. Adds the period shown in the table to the accrual date, or to the date of death for a wrongful death claim.
3. Adds the notice period if you say a locality or the Commonwealth is involved.
4. Counts the days remaining from today's date.

It does not apply tolling, the actual-knowledge exception or any other statutory exception. Entries stay in your browser. Treat the result as a starting point and confirm the date with a lawyer, a court clerk or the statute itself.

## Frequently asked questions

### What is the statute of limitations for personal injury in Virginia?

Va. Code § 8.01-243(A) provides that an action for personal injuries must be brought within two years after the cause of action accrues. The period generally starts on the date of injury, not on the date damage is discovered. Different periods apply to property damage, wrongful death and claims against government bodies.

### Is the deadline different for property damage?

Yes. Va. Code § 8.01-243(B) sets five years after the cause of action accrues for injury to property, compared with two years for personal injury under subsection A. A crash that damages a vehicle and injures a person can therefore involve two separate filing periods for the same collision.

### What must a notice of claim contain?

For a county, city or town, Va. Code § 15.2-209 requires a written statement of the nature of the claim, including the time and place the injury allegedly occurred. For the Commonwealth, § 8.01-195.6 also requires the agencies alleged to be liable. Notice counts as filed when received in the official's office.

### Does the period stop running for a minor?

Va. Code § 8.01-229(A) provides that a claimant who is an infant when the claim accrues may bring the action within the prescribed period after the disability is removed, and that time spent as a minor after accrual is not counted. Statutes contain details and exceptions, so confirm the date with a lawyer.

### How long does a suit against the Commonwealth have?

Under Va. Code § 8.01-195.7, the claim is barred unless notice was filed within one year after accrual. Suit may begin on denial of the claim or six months after notice is filed, and must start within 18 months after notice or two years after accrual. Confirm the exact wording.

## Sources

- [Va. Code § 8.01-243](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)
- [Va. Code § 8.01-244](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/)
- [Va. Code § 8.01-229](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/)
- [Va. Code § 8.01-230](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-230/)
- [Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)
- [Va. Code § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/)
- [Va. Code § 8.01-195.7](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.7/)
- [Va. Code § 8.01-195.3](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.3/)