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

If you’ve been hurt in an accident, one of the first questions you may ask is: How much time do I have to take legal action? In Virginia, the law sets clear deadlines for filing a personal injury claim, and missing that deadline could mean losing your right to compensation.

The General Rule: Two Years

Under Virginia law, you typically have two years from the date of your accident to file a personal injury claim in court. This timeframe is known as the statute of limitations. Acting within this window is critical—if you miss it, the court will likely dismiss your case no matter how strong your evidence may be.

Important Exceptions

While two years is the general rule, there are several exceptions that may extend the deadline:

• Minors: If you were under 18 at the time of the accident, the clock doesn’t start until your 18th birthday. You then have two years from that date to file.

• Mental Incompetence: If you were declared mentally incompetent, often due to the accident itself, the clock pauses until a court determines you are competent to move forward.

• Military Deployment: If you are a service member deployed overseas, federal protections may extend your filing deadline depending on your circumstances.

Why You Should Act Quickly

Even with exceptions, it’s risky to wait. Evidence can disappear, and insurance companies may take advantage of delays. Speaking with an attorney as soon as possible helps ensure you don’t miss important deadlines and gives your case the strongest foundation.

Have questions about your case? Call Geoff McDonald & Associates in Richmond at 804-888-8888. Don’t wait—protect your rights today.