{"id":3524,"date":"2026-10-14T08:13:56","date_gmt":"2026-10-14T08:13:56","guid":{"rendered":"https:\/\/correllfirm.com\/resources\/catastrophic-injuries\/what-is-the-statute-of-limitations-for-filing-a-personal-injury-case-in-virginia\/"},"modified":"2026-10-21T16:58:35","modified_gmt":"2026-10-21T16:58:35","slug":"what-is-the-statute-of-limitations-for-filing-a-personal-injury-case-in-virginia","status":"publish","type":"page","link":"https:\/\/correllfirm.com\/resources\/catastrophic-injuries\/what-is-the-statute-of-limitations-for-filing-a-personal-injury-case-in-virginia\/","title":{"rendered":"Virginia Statute of Limitations for Personal Injury"},"content":{"rendered":"\n
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Virginia Personal Injury | Winchester, Harrisonburg and the Shenandoah Valley<\/p>

Virginia Statute of Limitations for Personal Injury: Understanding the Filing Deadline<\/h1>

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.<\/p>

Schedule a free case evaluation<\/a><\/div>
Schedule a free case evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Published October 14, 2026<\/p>\n\n

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Virginia Statute of Limitations for Personal Injury: Two-Year Filing Deadline<\/h2>\n

Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code \u00a7 8.01-243(A)<\/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.<\/p>\n\n

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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.<\/p>

Schedule a case evaluation<\/a><\/div>
Schedule a case evaluation<\/a><\/div><\/div>\n<\/div>\n

Virginia’s Two-Year Filing Deadline<\/h2>\n

When the Clock Starts on Your Personal Injury Claim<\/h2>\n

For injuries such as traumatic brain injury<\/a> or spinal cord injury, questions about timing are ones a lawyer can review based on the facts.<\/p>\n

This is a critical distinction.<\/p>\n

How Filing Deadlines May Affect a Claim<\/h2>\n

Which rules apply can depend on the type of claim, and a lawyer can review them based on your facts.<\/p>\n

It’s also important to understand the difference between contacting a lawyer and filing a lawsuit.<\/p>\n\n

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Wrongful Death Claims Have Their Own Deadline<\/h2>\n

A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code \u00a7\u00a7 8.01-50(C)<\/a>, 8.01-244(B)<\/a>), on behalf of the family members the statute protects.<\/p>\n

What Happens If You File After the Deadline<\/h2>\n\n
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Not sure what your next step is?<\/h3>

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.<\/p>

Schedule a case evaluation<\/a><\/div>
Schedule a case evaluation<\/a><\/div><\/div>\n<\/div>\n

What to Do If You’re Running Out of Time<\/h2>\n

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.<\/p>\n

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.<\/p>\n

Frequently Asked Questions<\/h3>\n

Does the statute of limitations start when I discover my injury or when the injury occurs?<\/strong><\/p>\n

Can the two-year deadline be extended?<\/summary>

A lawyer can evaluate whether any exception applies to your situation.<\/p><\/details>

What counts as “filing” a lawsuit?<\/strong><\/p>\n

Is the deadline the same for wrongful death claims?<\/summary>

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.<\/p><\/details>

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Because filing deadlines can depend on the facts of each situation, it may be worth discussing your circumstances with a lawyer.<\/p>\n\n<\/article>\n