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Negligence / Personal Injury
2 years2 years with Discovery Rule.
Products Liability
2 years2 years with Discovery Rule.
Wrongful Death
2 years with Discovery Rule.
Loss of Services of Infant and Action for Cost of Curing Infant of Injuries Caused by Defendant
SOL: 5 years
Action for Personal Injuries or Wrongful Death Arising from Improvement to Real Estate
SOL: 5 years
Injuries Resulting from Violation of Virginia Computer Crime Act
SOL: The earlier of 5 years from last act or 2 years from when last act discovered or should have been discovered
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.
Libel
1 year1 year
Fraud
2 years2 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.
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.
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.
Comparative Negligence
Rule does not apply except in certain railroad crossing cases.
Charitable Immunity
Exists, except modified in cases of hospitals.
Municipalities
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.
Sovereign Immunity
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.
Punitive Damages
Rule: Allowed.
Caps: $350,000
Consumer Fraud Complaint
Virginia Office of the Attorney General, Antitrust and Consumer Litigation Section
(804)786-2071 |
