After an accident in Norfolk, time is not on your side. Virginia law imposes strict deadlines for filing injury claims — and missing them means losing your right to compensation forever.
The Two-Year Rule
Under Virginia Code § 8.01-243(A), you generally have two years from the date of injury to file a personal injury lawsuit. This applies to:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Slip and fall injuries
- Dog bites
- General negligence claims
Medical Malpractice: Different Rules
Medical malpractice claims also carry a two-year statute of limitations, but with an important twist: the clock typically starts when the injury is discovered, not when it occurred. However, Virginia imposes an absolute ten-year statute of repose — no claim may be filed more than ten years after the negligent act, regardless of when it was discovered.
Wrongful Death: Two Years From Death
Wrongful death claims must be filed within two years of the date of death — not the date of the underlying injury. This is a critical distinction that families should understand.
Why Waiting Hurts Your Case
Even if you have two years, waiting is dangerous:
- Evidence disappears: Surveillance footage may be overwritten. Witnesses move or forget details.
- Physical evidence degrades: Vehicle damage is repaired. Accident scenes change.
- Insurance companies build their case: They use the delay to gather evidence against you, especially in Virginia’s contributory negligence system.
Limited Exceptions
Some situations may extend or change the deadline:
- Claims against government entities often have shorter notice requirements
- Minors may have extended time under certain circumstances
- Claims involving persons under legal disability
If you’ve been injured in Norfolk, don’t wait to find out which deadline applies to your case. The sooner you speak with an attorney, the stronger your position.
Sources: Virginia Code § 8.01-243; Halperin Law Center, “Virginia’s Statute of Limitations for Injury Claims” (March 2026); Tavrn Blog, “Virginia Medical Malpractice Statute of Limitations” (2026).
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