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What Is the Statute of Limitations in Virginia?
The statute of limitations in Virginia is the legal timeframe for an individual to file a lawsuit in a civil case or for prosecutors to bring criminal charges against suspects. Failure to present the case to a judge/magistrate within its limitation period will result in its dismissal by the court, regardless of the strength of the evidence against the defendant.
The reasons for the statute of limitations in Virginia are to:
- Ensure fairness in legal proceedings
- Encourage prompt actions for the efficiency of the justice system
- Secure evidence and reliable witness testimony
- Provide legal certainty and facilitate the ability of defendants to present an effective defense.
How Long Is the Statute of Limitations in Virginia?
The time limit for filing a lawsuit in Virginia depends on the case type. Virginia's standard deadline for civil lawsuits ranges between 2 and 5 years. However, the limitation period for medical malpractice is 10 years. Furthermore, any judgment obtained before July 1, 2021, has a 20-year statute of limitations. This limitation period drops to 10 years if the judgment is post July 1, 2021.
The statute of limitations for felonies in Virginia depends on the severity of the offense. The standard limitation periods for non-violent felonies may range between 5 and 20 years.
Serious crimes, such as murder, rape, and aggravated sexual battery, have no statute of limitations. This means that the state may bring charges against a suspect at any time. In contrast, Virginia's statute of limitations for misdemeanors ranges from 1 year to 5 years.
Nevertheless, the limitation period for an offense in Virginia tolls (pauses) if:
- The case involves minors (until their 18th birthday)
- The defendant leaves Virginia
- The plaintiff is mentally incapacitated
- The defendant fraudulently concealed the cause of action.
Additionally, the statute of limitations may extend the limitation period under certain circumstances. For instance, in fraud or injury to the person resulting from asbestos exposure, the statute of limitations clock may pause until the plaintiff discovers or should have reasonably discovered the offense or injury.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 1 to 5 years | The standard time limit is 1 year, but it may be extended between 2 and 5 years in some cases |
| Felony | 5 years to indefinitely | Most felonies in Virginia have no statute of limitations However, the statute of limitations for offenses like fraud, financial crimes, identity theft, and criminal sexual assault against adults ranges between 5 and 20 years. |
| Infractions | 1 year | The statute of limitations is considered satisfied if a summons or warrant is issued to the offender within 1 year, even if the trial does not begin within this period. For juvenile offenders, the tolling period may apply until they are subject to the jurisdiction of a juvenile court |
| Civil Statutes | 1 year to 10 years (this extends to 20 years for judgments before July 21, 2021) | Tolling period applies if: The case involves a minor or mentally incapacitated plaintiff There is fraud or concealment The civil claim involves an out-of-state defendant The injury results from medical malpractice or asbestos & hazardous material exposure. |
What Crimes Have No Statute of Limitations in Virginia
Perpetrators of certain serious crimes may be prosecuted at any time in Virginia, no matter the number of years that have elapsed. The legal reasoning for crimes with no statute of limitations in Virginia is to:
- Preserve justice
- Ensure that dangerous offenders face the consequences of their actions
- Serve as a deterrent
- Protect victims who may not be ready to come forward right away.
Crimes with no statute of limitations in Virginia include serious felonies like:
- Rape
- Murder and aggravated murder
- Sexual assault of a minor
- Child pornography
- Child abuse
- An act of terrorism or providing, using, possession, or manufacture of weapons of terrorism.
Criminal Statute of Limitations in Virginia
Virginia's misdemeanor statute of limitations ranges from 1 year to 5 years. For instance, incidents like petit larceny, Simple assault & battery, and disorderly conduct have a 1-year limitation period; offenses such as environmental pollution, illegal voting, and fraud have statute of limitations of 2, 3, and 5 years. However, the clock may pause if:
- The defendant leaves the state
- There is criminal concealment
- The accused is a minor or legally incompetent.
The standard felony time limit in Virginia is 5 years. However, serious crimes like rape, murder, and sexual assault against minors have no statute of limitations and may be prosecuted at any time.
Criminal statute of limitations in Virginia defines the timeframe within which the state must file charges against individuals suspected of criminal acts. This applies to both misdemeanor and felony cases. Once the limitation period expires, the court will no longer entertain charges against the suspect for the specified offense.
| Type of Crime | Deadline for Filing Charges |
|---|---|
| Infractions | 1 year |
| Standard misdemeanors | 1 year |
| Environmental/health violations | 2 years |
| Election law violations | 3 years |
| Fraud-related or public corruption misdemeanors | 5 years |
| General Felonies (not otherwise specified) | 5 years |
| Serious Violent Felonies | No statute of limitations. |
Is There a Statute of Limitations on Attempted Murder?
In Virginia, attempted murder is a felony, and its statute of limitations falls within the default 5-year timeframe for felonies. However, how long someone may be charged for attempted murder in Virginia may also depend on the associated crime.
The statute of limitations for attempted murder may be tied to the underlying crimes, and this connection may elevate it to a crime with no statute of limitations. For instance, if the victim later dies from injuries sustained during the attack, or if the attempted murder involves other offenses that carry no statute of limitations (like terrorism-related acts, capital offenses, or certain aggravated sexual assaults), the state may prosecute the attempted murder indefinitely.
Statute of Limitations on Sexual Assault in Virginia
Sexual assault is a serious crime, and the sexual assault statute of limitations in Virginia depends on the age of the victim, the type of case (criminal or civil), and the discovery date. For example, while misdemeanor and felony sexual battery have 1-year and 5-year statute of limitations, there is no rape reporting deadline in Virginia. In addition, there is no statute of limitations for criminal sexual abuse cases, such as:
- Forcible sodomy
- Aggravated sexual battery of a child under 18
- Incest involving a minor.
Victims seeking civil compensation have a 2-year deadline for filing sexual abuse claims in Virginia. However, individuals who were minors at the time of their abuse have a 20-year deadline from the date they turn 18.
Note that the Discovery Rule does not apply to adult sexual abuse in Virginia. Hence, victims petitioning for civil claims must file charges within the 2-year deadline.
Civil Statute of Limitations in Virginia
Generally, civil lawsuit deadlines in Virginia range from 1 year to 20 years. For instance, the civil lawsuit deadlines in Virginia for personal defamation cases are 1 year, breach of written contract is 5 years, personal injury is 2 years, and property damage is 5 years. Failure to file lawsuits within the specified statute of limitations will result in the plaintiff forfeiting the right to sue.
Virginia's civil statute of limitations establishes the period during which parties may initiate lawsuits within the state. The applicable timeframe depends on several factors, including the following:
- The type of Civil claim
- When the claim accrues (date of the injury, breach, or damage)
- Discovery Rule (for instance, the time of discussion for a fraud, medical malpractice, or hidden injuries)
- Age of the Plaintiff (the statute of limitations tolls for minors until their 18th birthday)
- Mental incapacity of the plaintiff (the clock pauses (tolls) until they regain capacity)
- The defendant's conduct (for example, if a defendant leaves Virginia after causing an injury, the clock will toll until they return. Additionally, the statute of limitations will pause if there is fraudulent concealment of wrongdoing.
| Case Type | Deadline to Sue |
|---|---|
| Personal Injury | 2 years |
| Wrongful Death | 2 years |
| Written Contract | 5 years |
| Oral Contract | 3 years |
| Defamation | 1 year |
| Property Damage | 5 years |
| Fraud | 2 years (may be extended by the Discovery Rule) |
| Child Sexual Abuse | 20 years from the age of 18 |
| Medical Malpractice | 2 years. |
Statute of Limitations for Medical Malpractice in Virginia
The standard statute of limitations for medical malpractice in Virginia is typically 2 years. However, the deadline may be extended by 1 year if a foreign object remains in the body, or until the discovery date if there is fraudulent concealment. For minors under eight at the time of injury, their representatives may file claims until the minor's tenth birthday. For minors above ten but below eighteen, and for incapacitated patients, the clock tolls until their eighteenth birthday or until they become mentally capable.
Virginia's medical malpractice statute of limitations is the legal timeframe for filing lawsuits against a healthcare provider for alleged professional misconduct. How long to sue a doctor in Virginia may be influenced by:
- The statute of repose
- Presence of a foreign object in the body
- Fraudulent concealment
- Age of the victim
- Mental capacity of the plaintiff
- Continuing the course of treatment.
Nonetheless, Virginia's statute of repose caps the maximum timeline for suing for medical malpractice at 10 years. Hence, regardless of other factors, patients must file claims within 10 years of the malpractice.
| Type of Medical Malpractice | When the Clock Starts | Deadline for Suing |
|---|---|---|
| Birth injury to a child under 8 | The child's date of injury | Until the child's 10th birthday |
| Foreign object left in the patient | Date of discovery | 1 year from discovery, but cannot exceed 10 years |
| Fraudulent concealment by a health provider | Date of discovery of the fraud | 1 year from the date of discovery, but subject to a maximum of 10 years |
| Wrong or delayed diagnosis | The date of the injury | 2 years |
| Surgical Error (for instance, operating on the wrong side of the body ) | The date of surgery | 2 years. |
Statute of Limitations for Debt in Virginia
Virginia's statute of limitations for debt claims ranges from 3 to 20 years. Once the window period expires, the debt becomes time-barred, the court will dismiss it, and the creditor may no longer sue for debt repayment. How long debt may be collected in Virginia depends on the type of debt.
For instance, unpaid credit card debt in Virginia has a 5-year limitation period, while judgments obtained before July 1, 2021, have a 20-year statute of limitations. However, the statute of limitations will reset if the debtor makes a partial payment on the debt, acknowledges the debt, or enters into a new payment agreement. Additionally, under the federal Fair Credit Reporting Act, most debts remain on the debtor's credit report for 7 years.
| Type of Debt | Statute of Limitations |
|---|---|
| Auto Loans (written contract) | 5 years |
| Credit Card Debt | 5 years |
| Personal Loans | 5 years |
| Oral Loan/Agreements | 3 years |
| Medical Bills | 5 years. |
| Virginia State tax debts | 7 years |
| Court Fines and Fees (Criminal Legal Debts) | 10 years |
| Judgments before July 1, 2021 | 20 years |
| Judgments after July 1, 2021 | 10 years. |
Statute of Limitations for Child Abuse and Child Support in Virginia
In Virginia, the civil statute of limitations for child abuse extends until eight years after the victim's 18th birthday, or 20 years after the discovery of the abuse, whichever is later. For criminal statute of limitations for child abuse in Virginia, the law imposes a 1-year limitation period for misdemeanors, while felony child abuse has no statute of limitations.
Notwithstanding, the child abuse statute of limitations in Virginia depends on whether the case is civil or criminal.
The extended periods for child abuse cases in Virginia:
- Allows victims, who were minors at the time of the abuse, to bring their cases before the courts
- Ensures that dangerous offenders cannot evade justice by simply waiting for time to run out
- Permits the use of DNA tracing for evidence years after an incident.
Similar to felony child abuse, suing for unpaid child support in Virginia has no statute of limitations, and back payments do not expire. In Virginia, unpaid child support attracts a 6% annual interest (unless the court sets a different rate), and the Department of Child Support Enforcement (DCSE) may file lawsuits at any time to recover them or:
- Take money directly from the obligor’s paychecks
- Intercept tax refunds
- Place liens on the debtor's property or bank accounts
- Report arrears to credit bureaus.
Furthermore, the Uniform Interstate Family Support Act allows Virginia to pursue child support enforcement across state lines if the paying parent moves out of state.