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How Long Do I Have To File A Lawsuit?

A: Virginia law imposes deadlines by which a person must file their lawsuit, called “Statutes of Limitations.” Statutes of Limitations hold that if a lawsuit is not filed within the required time limit then the lawsuit is time barred and may be dismissed upon motion of the defendant.

The clock starts ticking on a Statutes of Limitation when the cause of action “accrues.” In the personal injury context, this usually occurs when the injury is sustained. For example, in an automobile accident case, the cause of action accrues when the accident occurs.

There are many situations when the Statutes of Limitations can be delayed, or paused. This is called “tolling.” For example, in a personal injury claim, if the injured person is under 18 years old, the Statute of Limitations is tolled until they turn 18. If an injured person becomes incapacitated after an accident, the Statute of Limitations may be tolled.

The Statute of Limitations for most personal injury accidents is 2 years from the date the injury accrues.