How long do you have to sue after an injury in Virginia?
Last checked November 8, 2026
In Virginia you generally have 2 years from the date of your injury to file a lawsuit, under Va. Code § 8.01-243(A). If a city, county or the state is responsible, the deadline can be much shorter: 6 months.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
Virginia injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 2 years | Va. Code § 8.01-243(A) |
| Wrongful death | 2 years | Va. Code § 8.01-244(B) |
| Claim against the government (Counties, cities and towns) | 6 months | Va. Code § 15.2-209(A) |
| After the government claim | 1 year | Va. Code § 8.01-195.6(A) |
What the law says
“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)
“has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.”
Va. Code § 15.2-209(A)
When does the clock start?
Usually on the day you were hurt. In Virginia, Va. Code § 8.01-243(A) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- Va. Code § 8.01-243(A), Official text, 2026-11-08
- Va. Code § 8.01-244(B), Official text, 2026-11-08
- Va. Code § 15.2-209(A), Official text, 2026-11-08
- Va. Code § 8.01-195.6(A), Official text, 2026-11-08