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Virginia Statute of Limitations for Personal Injury: Understanding the Filing Deadline
Plain-language guidance from Correll Law Firm on the time limits that may apply after a car, truck or commercial vehicle crash, a serious injury, or a wrongful death.
Published October 14, 2026
Virginia Statute of Limitations for Personal Injury: Two-Year Filing Deadline
Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Questions about filing deadlines are ones a lawyer can review based on your specific facts. Understanding when the clock starts and what the deadline means for your situation is critical.
If you've been injured in a crash or lost a family member in one, and you're unsure whether you still have time to pursue a claim, reach out to discuss your situation and the deadline that applies to you. Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
Virginia’s Two-Year Filing Deadline
When the Clock Starts on Your Personal Injury Claim
For injuries such as traumatic brain injury or spinal cord injury, questions about timing are ones a lawyer can review based on the facts.
This is a critical distinction.
How Filing Deadlines May Affect a Claim
Which rules apply can depend on the type of claim, and a lawyer can review them based on your facts.
It’s also important to understand the difference between contacting a lawyer and filing a lawsuit.
Wrongful Death Claims Have Their Own Deadline
A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects.
What Happens If You File After the Deadline
Not sure what your next step is?
Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
What to Do If You’re Running Out of Time
If you were injured within the past two years, or if you are unsure when your deadline falls, speaking with a lawyer soon is important. A lawyer can confirm the exact deadline for your situation, discuss whether any narrow exceptions might apply, and begin investigating your case.
Waiting until the last minute creates unnecessary risk. Courts are closed on weekends and holidays. Filing delays can happen. The sooner a lawyer is involved, the sooner an investigation can begin and evidence can be preserved.
Frequently Asked Questions
Does the statute of limitations start when I discover my injury or when the injury occurs?
Can the two-year deadline be extended?
A lawyer can evaluate whether any exception applies to your situation.
What counts as “filing” a lawsuit?
Is the deadline the same for wrongful death claims?
Wrongful death claims are handled under their own rules, described in the section above. Questions about how those rules apply to a particular family are ones a lawyer can review based on the facts.
Because filing deadlines can depend on the facts of each situation, it may be worth discussing your circumstances with a lawyer.
Related practice areas
- How Long After an Accident Can You Sue in Virginia?