How Long Do I Have to File a Personal Injury Claim in Virginia?

If you were hurt in an accident in Virginia Beach, Norfolk, or anywhere in Hampton Roads, the clock starts running the moment you're injured. Below is what that deadline actually means, the exceptions that can change it, and why acting early matters far more than most people realize.

The two-year rule

Virginia law sets a two-year statute of limitations for most personal injury claims: car accidents, motorcycle and truck crashes, slip-and-falls, and similar negligence cases. The two years generally run from the date the injury occurred. If you don't file a lawsuit within that window, the court will almost certainly dismiss your case no matter how strong it is.

Important exceptions

Minors: For a child injured by negligence, the clock is generally paused until certain conditions are met. The deadline can differ significantly from an adult's.

Wrongful death: These claims follow a separate two-year period measured from the date of death, not the date of the underlying injury.

Claims against a government entity: Suing a city, the Commonwealth, or a public body requires giving formal written notice well before the lawsuit deadline, sometimes within months. Missing the notice requirement can end the claim.

Medical malpractice and certain other claims can carry their own nuances.

Because these exceptions are fact-specific and the penalties for getting them wrong are permanent, this is exactly the kind of thing to confirm with an attorney rather than guess at.

Why you shouldn't wait until year two

Even though you may have two years, waiting is one of the most damaging things you can do to your own case:

Evidence disappears. Surveillance footage is often overwritten within days. Skid marks fade, vehicles get repaired, and scenes change.

Witnesses forget, or move away and become impossible to reach.

Insurers use delay against you, arguing your injuries can't be that serious if you waited to act.

What to do now

Get medical care and keep every record. Don't give a recorded statement to the other side's insurer. Write down what you remember while it's fresh. And talk to an attorney early, even if you're not sure you want to file, so your options stay open and the deadline never sneaks up on you.

Reviewed by Scott R. Barney, Esq. Scott is a Virginia Beach personal injury attorney with 20+ years representing accident victims across Hampton Roads. He handles every case personally, on a no-win, no-fee basis.

This article is general information about Virginia law, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions depend on your specific facts, consult a licensed attorney about your situation.