Key facts: Virginia
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Virginia follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Virginia
Two years for both PI (from injury) and wrongful death (from date of death). Virginia retains contributory negligence as a complete bar. Notice of claim against state agencies is required within one year under Va. Code § 8.01-195.6.
Related: Virginia comparative negligence rule
Virginia follows a contributory (pure bar) rule. Virginia retains pure contributory negligence by common law; any contributory fault is a complete bar. A limited statutory carve-out at Va. Code § 8.01-58 covers railroad/common-carrier employee claims, and the last-clear-chance doctrine applies.
Read the full Virginia comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Virginia attorney before relying on it.