Va. Code Ann. § 8.01-243

The two-year limitations period applies to personal claims for wrongful-birth medical expenses, while the five-year property-injury period does not apply.

Glascock v. Laserna · filed 1994-01-07(A), (B)

Applying the plain meaning of this language, we hold that the Glascocks’ claim to recover medical expenses they incurred as a result of the wrongful birth caused by the defendants’ alleged negligent failure to inform them of the fetus’ anomalies is governed by the two-year statute of limitations in Code § 8.01-243(A). The Glascocks cannot rely upon Code § 8.01-243(B) because they did not plead and do not have an action for injury to property. Rather, they pled that as parents, they were deprived of an informed opportunity to terminate the pregnancy. Thus, their cause of action is personal in nature.

Section B requires every action for injury to property to be brought within five years after the cause of action accrues.

Luckett v. Jennings · filed 1994-02-22(B)

Since Plaintiff’s alleged injuries are injury to property, Va. Code § 8.01-243(B) provides the appropriate statute of limitations.

Section 8.01-243(B) gives injury-to-property actions a five-year limitation period when the conduct is directed at property.

Marabda v. Albanese & Associates, P.C. · filed 1996-12-06(B)

Assuming, without deciding, that Virginia law recognizes a tort of wrongful foreclosure, it cannot be questioned that the allegations of defendants’ actions supporting this count were directed at the property. Therefore, the five-year period of limitation prescribed by Virginia Code § 8.01-243 would govern.

Subsection B provides a five-year limitations period for tort actions involving injury to property.

Milstead v. Bradshaw · filed 1997-10-03(B)

Virginia does not have a specific statute of limitations applicable to a shareholders' derivative suit. Therefore, this court must apply the most nearly applicable period of limitations of the forum. Both parties have argued in depth their reasons tor applying certain statutes of limitations to die instant case. Milstead identifies the five-year statute of limitations for injury to property. See Va. Code § 8.01-243(B). Defendants argue that the appropriate statute of limitations is governed by Virginia’s "catch-all” provision which sets forth either a one or two-year statute of limitations depending on when the cause of action accrued, hi light of the allegations made against the defendants for wrongs affecting Milstead’s property and property rights, this court concludes that die appropriate period of limitations for commencing a derivative suit is five years. See Winston v. Gordon, 115 Va. 899 (1914) (holding that the cause of action against the directors of a bank for neglect of duty as such directors grows out of their breach of duty, and thus, the applicable statute of limitations is five years); see also Anderson v. Bundy, 161 Va. 1 (1933) (holding that in a suit against bank directors for negligence in administration of the affairs of die bank, the five-year statute of limitation applies). Thus, Milstead’s suit is not time barred.

Section 8.01-243(B) provides a five-year limitations period for detinue claims directed at a plaintiff’s property.

Professionals I, Inc. v. Pathak · filed 1998-12-14(B)

Under the reasoning of Bader v. Central Fidelity Bank, 245 Va. 286, 288 (1995), and Vines v. Branch, 244 Va. 185 (1992), a detinue claim is for an act directed at the plaintiff’s property, not against the individual. As a result, the five year limitations period set forth in Va. Code § 8.01-243(B) applies.

Section 8.01-243(B) provides a five-year limitations period for claims seeking damages for injury to property.

Herman v. McCarthy Enterprises, Inc. · filed 2002-11-26(B)

The Plaintiffs are not seeking damages for personal injury. They seek damages for injury to their property, i.e., property damage. As such the five-year statute of limitations period prescribed by Va. Code § 8.01-243(B) for injury to property applies.

Section 8.01-243(B) requires a tort action for property damage to be brought within five years of the damage.

Stone Ridge Condominium Unit Owners' Ass'n v. J. M. Turner & Co. · filed 2003-07-14(B)

Likewise, the statute of limitations bars any recovery in tort. A cause of action for damaged property under a tort theory must be brought within five years of the damage. Va. Code § 8.01-243(B).

Section 8.01-243(A) imposes a two-year limitations period on an intentional infliction of emotional distress claim.

Young v. City of Norfolk · filed 2003-07-17(A)

I find for the reasons given in the last paragraph of my discussion of Count IV that the cause of action accrued and the two year statute of limitations of Va. Code § 8.01-243(A) began to run no later than January 17, 1998. This cause of action is thus barred.

Section 8.01-243(A) requires personal injury actions to be brought within two years after the cause of action accrues.

Schaefer v. Tectonics, II, Ltd. · filed 2008-02-26(A)

In Virginia, action for personal injuries must be brought within two years after the cause of action accrues. Va. Code § 8.01-243(A).

Section 8.01-243(B) gives five years to bring a claim for injury to property when the alleged conduct makes the property unavailable for its former use.

Stone v. Moss · filed 2008-04-18(B)

The defendant claims this is an action for personal injury subject to the two year limitation of Code of Virginia § 8.01-243(A); the plaintiff claims he is entitled to the five year limitation of Va. Code § 8.01-243(B) for actions for injury to property. I believe the plaintiff is correct.

Section 8.01-243(A) sets a two-year limitations period for personal injury claims; claims filed after that period are barred when nonsuit tolling does not apply.

Spear v. Metropolitan Washington Airports Authority · filed 2009-08-12(A)

The tolling provisions of § 8.01-299(E)(3) do not apply. Hence, her claims are barred by the two-year statute of limitations for personal injury.

Section 8.01-243(B)’s five-year period for injury to property does not apply to slander of title based on lost equity when the property’s condition and use remain the same.

Koz v. Wells Fargo Home Mortgage · filed 2011-06-09(B)

A third option is the five-year statute of limitations applicable to injury to property under Virginia Code § 8.01-243(B). For the purposes of this statute, the appropriate test is whether the injury flowed from conduct directed at the property, rather than conduct directed at the person. ... Here, Plaintiff’s property remains in the same condition and available for the same use as it was before the deeds of trust were recorded. The only change has been to the equity she holds in the property. The Supreme Court of Virginia has never held that a loss of equity in real property amounts to injury to properly. See Willard, 262 Va. at 480, 551 S.E.2d at 599. This Court is of the opinion that the Supreme Court of Virginia would not expand the case law to reach this conclusion. As such a pecuniary loss is a personal injury, the five-year statute of limitations does not apply.

Section 8.01-243(A) gives a plaintiff two years to bring a personal injury claim, subject to applicable tolling.

Graves v. Jones · filed 2013-10-01(A)

The issue is whether the time expired under the statute of limitations for personal injuiy claims, Va. Code § 8.01-243(A). ... Thus, the two-year limitations period expired, unless a savings provision applies. ... No prosecution was pending during the twenty-nine days; Mr. Graves’ Complaint was filed after the statute of limitations expired. The plea in bar is sustained.

Section 8.01-243(B) gives a plaintiff five years from accrual to bring a property damage claim, including a permanent nuisance claim.

Fentress Families Trust v. Virginia Electric & Power Co. · filed 2016-03-25(B)

The applicable statute of limitations is five years from accrual of the cause of action, pursuant to Va. Code § 8.01-243(B). ... The Court finds that the nuisance alleged in the complaints are of a permanent nature and, therefore, are barred by the statute of limitations.

Section 8.01-243(B) distinguishes continuing property damage from one cause of action from separate causes of action, each with its own limitation period.

Forest Lakes Cmty. Ass'n, Inc. v. United Land Corp. of Am. · filed 2017-02-16(B)

In this situation, Code § 8.01-243(B) relies upon the traditional definition of “cause of action” to police the distinction between an existing cause of action with continuing damages and a series of separate causes of action, each with its own set of damages.

Subsection (A)’s two-year personal-injury limitation period applies to federal § 1983 claims arising in Virginia.

Davis v. Williams · filed 1996-04-03(A)

Davis' challenge to the DMV suspensions of his license between 1986 and 1990 was barred by Virginia's two-year statute of limitations for personal injury actions.

Virginia's two-year personal-injury limitation applies to § 1983 claims, and an inmate commences such a claim for limitations purposes when the complaint is delivered to prison authorities for mailing.

Garrett v. Angelone · filed 1996-10-02(A)

Under the Virginia statute of limitations for personal injury actions, a plaintiff must bring his cause of action within two years from the time that the action accrues. Va.Code Ann. § 8.01-243(A) (Michie 1992). ... An inmate’s ... § 1983 action is commenced for purposes of the statute of limitations as soon as he delivers his complaint to prison authorities for mailing.

Virginia's two-year personal-injury limitation applies to § 1983 claims and supports dismissal when untimeliness is clear from the face of the complaint.

Johnson v. Hill · filed 1997-06-10(A)

The Commonwealth of Virginia has a two-year statute of limitations period for personal injury actions. Va.Code Ann. § 8.01-243(A) (Michie 1992). In order to dismiss a case under section 1915A(b)(l) because the statute of limitations has expired, the court must find that the expiration of the statute of limitations is clear on the face of the corn-plaint. ... Accordingly, plaintiff’s complaint is barred by the applicable statute of limitations.

Virginia's two-year personal-injury limitation applies to § 1983 claims, while federal law determines when the federal claim accrues.

Battle v. Morrison · filed 1998-03-17(A)

Virginia has a two-year statute for personal injuries. See Va. Code Ann. § 8.01-243(A) (Michie 1992). Therefore, Battle had two years from the time her action accrued in which to bring her § 1983 action. ... While the statutory limitations period for a § 1983 action is bor- ... rowed from state law, the time the action accrues is determined under federal law.

Subsection (A) supplies the two-year period for federal § 1983 claims, but federal law controls accrual, so a malicious-prosecution claim accrues when the prosecution terminates favorably.

Blackmon v. Perez · filed 1992-05-05(A)

The Commonwealth of Virginia has a two-year limitation period for personal injury actions. ... The reasoning of the Brummett court is persuasive; therefore, as plaintiffs’ § 1983 malicious prosecution claims were filed within two years of their accrual on January 3, 1990, those claims are not barred by the statute of limitations.

Virginia's two-year personal-injury limitation applies to § 1983 actions, while federal law determines accrual from when the plaintiff knows or has reason to know of the injury underlying the action.

Clay v. Yates · filed 1992-12-15(A)

The statute of limitations in Virginia for actions brought pursuant to 42 U.S.C. § 1983 is two years. ... Accrual of a civil rights action is, however, a question of federal law. ... “Federal law holds that the time of accrual is when plaintiff knows or has reason to know of the injury which is the basis of the action."

Expiration of subsection (A)'s two-year period can make a dismissal without prejudice of a section 1983 action effectively final and appealable.

Vanfleet v. Coleman · filed 2000-05-16(A)

Although a dismissal without prejudice is ordinarily not an appealable order, see Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993), the applicable two year statute of limitations period has passed. See Va. Code Ann. § 8.01-243(A) (Michie 1992). Thus, the order is effectively a final order.

Claims under 42 U.S.C. § 1983 that accrued more than two years before the complaint was filed are untimely.

Jones v. Brent · filed 2003-12-08

We also find that the district court properly denied relief on Jones’ claims that accrued more than two years before he filed his complaint. See Va. Code Ann. § 8.01-243 (Michie 2000).

Section 1983 claims accruing more than two years before suit are barred under subsection (a).

Howard v. Smith · filed 2004-01-28(a)

Howard’s claims accruing more than two years before he filed suit are barred by the applicable statute of limitations. As to these claims, we affirm on the reasoning of the district court. ... Although a dismissal without prejudice is ordinarily not an appealable order, see Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993), the applicable statute of limitations period has passed. See Va. Code Ann. § 8.01-243(a) (Michie 2000).

Virginia's two-year personal-injury period supplies the limitations period for section 1983 claims as well as state personal-injury claims.

Payne v. Brake · filed 2004-09-23(A)

The applicable statute of limitations for Plaintiffs 42 U.S.C. § 1983 claim is imported from state law, and is two years in this case. ... The applicable statute of limitations also is two years for Plaintiffs state law claims. Va.Code Ann. §§ 8.01-244, 8.01-243(A) (Michie 2000).

Subsection (A)'s two-year personal-injury period applies to section 1983 claims, barring claims filed more than two years after they arose.

Couch v. Jabe · filed 2006-09-22(A)

The Commonwealth of Virginia has a two-year statute of limitations period for personal injury actions which applies in § 1983 actions. ... However, because Couch’s complaint was filed on October 17, 2005, it is clear that any claims arising in 2002 are barred by the applicable two-year statute of limitations for claims brought under § 1983.

A section 1983 claim borrows subsection (A)'s two-year limitations period for an analogous Virginia personal-injury claim.

JUSTUS EX REL. JUSTUS v. County of Buchanan · filed 2007-08-08(A)

The claim under § 1983 does not have its own statute of limitations and borrows from an analogous cause of action for personal injury under Virginia law. ... Based on the applicable Virginia personal injury cause of action and the statute of limitations set out in Va.Code Ann. § 8.01-243(A) (2000), the appropriate statute of limitations for the § 1983 claim is two years.

Virginia's two-year personal-injury period applies to section 1983 actions even when the particular federal claim does not involve personal injury.

Alderman v. Patrick County · filed 2019-09-12(A)

Virginia has a two-year statute of limitations for personal-injury actions, see Va. Code Ann. § 8.01-243(A) (Cumm. Supp. 2019), which applies in § 1983 actions. ... Plaintiff’s Complaint is barred by the two-year statute of limitations applicable to § 1983 actions.

Subsection (A)'s two-year personal-injury period governs section 1983 claims, with applicable state statutory tolling periods excluded from elapsed time.

Gladden v. Oberholzer · filed 2019-12-12(A)

Virginia has a two-year statute of limitations for personal-injury actions, see Va. Code Ann. § 8.01-243(A) (Cumm. Supp. 2019), which applies in § 1983 actions. ... In total, at the time Plaintiff filed the present action, 818 days had elapsed. The two-year statute of limitations gave Plaintiff 730 days to institute his action. Because he waited too long (eighty-eight days too long, to be exact), his claim is barred.

Subsection (A)'s two-year personal-injury period governs section 1983 claims and bars claims filed more than two years after accrual.

Bellamy, Jr v. Wright · filed 2020-01-15(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A) (West 2019). Thus, Bellamy should have filed his Complaint within two years from when the underlying claims accrued. ... Thus, any claim not barred by Heck would be barred by the relevant statute of limitations. Accordingly, Bellamy’s claims will be dismissed as legally frivolous.

Subsection (A)'s two-year personal-injury period governs section 1983 claims and bars claims accruing more than two years before filing.

Roy v. Parson · filed 2020-04-13(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A) (West 2018). Thus, Roy was required to file his Complaint within two years from when the underlying claims accrued. ... At the latest, Roy’s claims accrued in 2015. ... Thus, his § 1983 action is legally frivolous. ... Roy’s claims will be dismissed with prejudice.

Subsection (A)'s two-year personal-injury period governs section 1983 claims arising in Virginia, while federal law determines accrual.

Wilson v. Williams · filed 2020-06-03(A)

A § 1983 claim based on events that occurred in Virginia is subject to Virginia’s statute of limitations for general personal injury claims ... which requires an action be brought within two ... years of its accrual. Va. Code Ann. § 8.01-243(A) ... Thus, his claim alleging that his arrest was a warrantless arrest without probable cause accrued more than two years before he filed his complaint and is time-barred.

A Bivens claim arising in Virginia borrows subsection (A)'s two-year general personal-injury period, subject to equitable tolling during administrative exhaustion.

Gilmore v. Warden · filed 2021-04-12(A)

A Bivens claim based on events that occurred in Virginia is subject to Virginia’s statute of limitations for general personal injury claims. ... Virginia requires a personal injury action be brought within two years of its accrual. Va. Code Ann. § 8.01-243(A); ... The events on which Gilmore’s claims are based occurred in January 2017, approximately four years before he filed suit in January 2021. ... Accordingly, Gilmore’s claims are untimely.

A section 1983 due-process or equal-protection claim arising in Virginia must be filed within the two-year personal-injury period after the plaintiff knew or had reason to know of the injury.

Crawford v. Herring · filed 2021-07-16

Here, the alleged constitutional violation took place in Virginia, and, under Virginia law, the statute of limitations for a personal injury action is two years. Va. Code Ann. § 8.01-243. Thus, the relevant statute of limitations period is two years. ... Therefore, to comply with the two-year statute of limitations for her due process and equal protection claims, Plaintiff was required to file her Complaint by April 26, 2020. ... Therefore, as Plaintiff has not properly alleged a malicious prosecution claim, her § 1983 claims are time-barred, as discussed above.

Subsection (A)'s two-year personal-injury period applies to a prisoner's section 1983 claims for events in Virginia.

Sloan v. O'Quinn · filed 2022-05-27(A)

Under Virginia law, a general personal injury action must be filed within two years from the date on which the claim accrues. Va. Code Ann. § 8.01-243(A). This two-year limitation statute applies to a prisoner’s § 1983 claims for events that occurred in Virginia. ... Accordingly, Sloan’s claims are time-barred, and I will summarily dismiss them under § 1915A(b)(1) as frivolous.

Subsection (A)'s two-year personal-injury period applies to section 1983 claims arising in Virginia and bars claims filed more than two years after federal accrual.

Hayes v. Wytheville Police Dept. · filed 2022-10-21(A)

Such actions in Virginia must be commenced within two years from the date on which the claim accrues. Va. Code Ann. § 8.01-243(A). ... Thus, his claims are time barred under section 8.01-243(A). Accordingly, I will dismiss this action under § 1915(e)(2)(B)(i) as frivolous.

Subsection (A)'s two-year personal-injury period applies to section 1983 claims, while federal law determines accrual from awareness of the injury or facts prompting reasonable inquiry.

White v. Woody · filed 2022-10-25(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A) (West 2022). Thus, White was required to file his Complaint within two years from when the underlying claims accrued. ... Therefore, White’s Complaint is untimely on its face, and his § 1983 action is frivolous.

Subsection (A)'s two-year personal-injury period governs section 1983 claims based on events in Virginia.

Williams v. Gilbert · filed 2022-11-21(A)

A § 1983 claim based on events that occurred in Virginia is subject to Virginia’s statute of limitations for general personal injury claims, see Owens v. Okure, 488 U.S. 235, 239–40 (1989), which requires that an action be brought within two years of its accrual. Va. Code Ann. § 8.01-243(A). ... Indeed, the first eleven pages of the second amended complaint describe events that occurred in 2018 or earlier, more than two years before he filed even his original complaint in this matter, in April 2021.

Subsection (A)'s two-year personal-injury period governs section 1983 claims arising in Virginia and begins on federal accrual.

Makdessi v. Collins · filed 2023-05-10(A)

Such actions in Virginia must be commenced within two years from the date on which the claim accrues. Va. Code Ann. § 8.01-243(A). ... Thus, his claims are time barred under § 8.01-243(A). Accordingly, I will dismiss this action under § 1915(e)(2)(B)(1) as frivolous.

When subsection (A)'s two-year deadline for a section 1983 claim falls on a weekend followed by a federal holiday, Federal Rule of Civil Procedure 6(a) extends filing through the next nonholiday weekday.

Harris v. Rosemeier · filed 2023-06-26(A)

Under the two-year filing period prescribed by Va. Code Ann. § 8.01-243(A), Harris would ordinarily have had until October 8, 2022, to file a timely § 1983 action raising the § 1983 claims concerning the alleged use of force against him on October 8, 2020. But October 8, 2022, fell on a Saturday. The following Monday, October 10, 2022, was Columbus Day, a federal holiday. ... Thus, the Complaint docketed on Tuesday, October 11, 2022, was timely filed. To the extent that the defendants argue that any of his § 1983 claims are barred under the statute of limitations, I will deny their motion.

Subsection (A)'s borrowed two-year period for section 1983 claims begins when the plaintiff has enough facts about the harm to reveal the claim through reasonable inquiry, not when the plaintiff later reviews supporting video evidence.

Braxton v. Martinsville Police Department · filed 2023-07-05(A)

In Virginia, the limitations period for personal injury claims is two years. Va. Code Ann. § 8.01-243(A). Thus, Braxton had two years from the date when his § 1983 claims accrued to file suit. ... In other words, in January 2020, Braxton had sufficient awareness of his injuries at the hands of the defendants to trigger his obligation to protect his rights by making such an inquiry. ... Because his Complaint is deemed filed as of September 26, 2022, it was not filed within two years of any of these dates. Thus, I conclude that it was not filed within the statutory filing period.

Subsection (A)'s two-year personal-injury period governs section 1983 claims and begins when the claimant knows enough facts to make reasonable inquiry.

Prosha v. Lewis · filed 2023-10-27(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A) (West 2023). Thus, Prosha was required to file his Complaint within two years from when the underlying claims accrued. ... Because Prosha waited until December 20, 2021, his action is untimely.

Section 1983 failure-to-protect claims arising in Virginia must be filed within subsection (A)'s two-year period from accrual.

Harvey v. Maughan · filed 2023-11-30(A)

Such actions in Virginia are subject to Va. Code Ann. § 8.01-243(A) and must be filed within two years from the date on which the claim accrues. ... On the face of his Complaint, Harvey filed his current claim against Conner in July 2023, more than six years after the events at issue in his claim that she failed to protect him. Thus, his claim is untimely filed, unless he demonstrates grounds for tolling the limitation period.

Subsection (A)'s two-year personal-injury period governs section 1983 claims arising in Virginia.

Young v. Rountree · filed 2024-04-23(A)

In Virginia, that is two years. ... Va. Code Ann. § 8.01-243(A). ... it is simply not possible that any of the alleged wrongdoing occurred within the two years preceding the filing of Plaintiff’s complaint on April 22, 2024.

Section 1983 actions arising in Virginia must be filed within subsection (A)'s two-year period from accrual.

Snead v. VA · filed 2024-11-18(A)

Such actions in Virginia are subject to Va. Code Ann. § 8.01-243(A) and must be filed within two years from the date on which the claim accrues. ... Thus, his current § 1983 claims are time-barred under § 8.01-243(A).

Subsection (A)'s two-year personal-injury period governs section 1983 claims, and a prisoner's complaint is timely if delivered to prison officials within that period.

Custis v. Hess · filed 2024-12-17(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A) (2024). Thus, Plaintiff was required to file this action within two years from when the underlying claims accrued. ... Plaintiff's claims accrued, at the latest, as of June of 2021. Therefore, Plaintiff was required to file this action by June of 2023. ... Although the Court is skeptical that Plaintiff actually handed his original complaint to an ERSJ deputy on May 13, 2023, the Court declines to dismiss the action as barred by the statute of limitations.

Section 1983 claims against newly identified defendants must be asserted within subsection (A)'s two-year period unless an amendment validly relates back.

Draper v. Berry · filed 2025-01-22(A)

In Virginia, the personal injury statute of limitations is two years under Va. Code Ann. § 8.01-243(A). Therefore, Draper’s Section 1983 claims against each defendant must have been asserted within two years of their accrual or they are time-barred (meaning the claims must be dismissed irrespective of the merits of the claim). ... Accordingly, the Section 1983 claims asserted against Bohl and Fasullo must be dismissed as time-barred. Draper simply waited too long to identify the Doe defendants.

Section 1983 actions arising in Virginia must be filed within subsection (A)'s two-year period from accrual.

Uzzle v. Boyd · filed 2025-03-28(A)

Such actions in Virginia are subject to Va. Code Ann. § 8.01-243(A) and thus must be filed within two years from the date on which the claim accrues. ... Accordingly, I conclude that Uzzle’s claims concerning conditions from May 2021 to August 12, 2021, are barred under the statute of limitations, Va. Code Ann. § 8.01-243(A), because he did not file them within two years after those claims accrued.

Subsection (A)'s two-year personal-injury period governs section 1983 claims and bars claims filed more than two years after accrual.

Bingham v. Churchill · filed 2025-03-28(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A). Hence, Bingham was required to have filed his complaint within two years from when the underlying claim accrued. ... Therefore, the complaint is untimely as to all the Defendants except Defendant Beyrau, and will be DISMISSED as barred by the statute of limitations.

Section 8.01-243 does not govern an attorney malpractice claim that arises from duties owed under a contractual relationship.

Planters Bank & Trust Co. v. Tomlin · filed 1994-09-09

These allegations, and fair inferences, support the Bank’s contention that this case, while sounding in tort, is an action for breach of contract. Viewing the pleading as a whole, in tÜe light most favorable to the Bank, a contractual relationship between the Bank and the defendant existed, and the defendant’s breach of duties owed pursuant to that contractual relationship forms the basis of filis suit.

The two-year personal-injury period does not govern a Virginia wrongful-discharge claim merely because the plaintiff alleges resulting emotional distress and physical harm.

Michael v. Sentara Health System · filed 1996-10-07(A)

In Counts II and VII, Plaintiffs are suing under a theory of wrongful discharge, not a personal injury or emotional distress theory. The one-year statute of limitations under section 8.01-248 therefore applies to their wrongful discharge claims, regardless of the fact that Plaintiffs allege in Counts II and VII that the Wrongful discharge caused damages in the form of emotional and physical harm.

Section 8.01-243(A) requires personal injury actions to be brought within two years after the cause of action accrues.

Locke v. Johns-Manville Corp. · filed 1981-03-06(A)

Consequently, based on the record in this case, we hold the plaintiff’s injury was not sustained and the cause of action did not accrue in 1972 or before, within the meaning of Code §§ 8.01-230 and -243 (A). We further hold the cause of action accrued and the statute of limitations began to run from the time plaintiff was hurt.

Section 8.01-243(A) provides a two-year limitations period for actions seeking recovery for personal injuries, while emotional trauma without physical bodily injury falls outside that period.

Walker v. Small Funeral Home · filed 1993-11-30(A)

The Court finds that the plaintiffs in the case at bar suffered no physical injuries to their corporeal body. Rather they seek recovery for physical and mental pain, suffering and anguish which were all byproducts of the emotional trauma produced by the defendants’ actions.

Section 8.01-243 does not govern the tortious interference with contract and related conspiracy claims; the two-year limitation in § 8.01-248 applies.

Almy v. Grisham · filed 2001-07-20

Defendants assert that these claims are governed by tiie two year statute of limitations established in Virginia Code § 8.01-248’s catch-all provision, while Plaintiff asserts that the claims are governed by Virginia Code § 8.01-243’s personal injury provision. Both of these statutes specify a two year statute of limitations. Because the alleged injuiy is personal in nature, Virginia Code § 8.01-248 applies.

Section 8.01-243 gives a plaintiff two years from the date of injury to file a personal injury claim.

Martin v. DeJarnette · filed 2005-03-22

The statute of limitations for filing personal injury claims is two years from the date that the injury was sustained. Va. Code § 8.01-243.

Section 8.01-243(B)’s five-year period for damage to personal property does not govern a veterinary negligence claim arising from a dog’s death.

Boyce v. Pruitt · filed 2010-07-28(B)

Frisco argues, ingeniously, that the counterclaim is simply a suit for tortious damage to personal property, governed by a five-year statute of limitations. Va. Code § 8.01-243(B). ... In my view, however, her argument asks the court to depart from established precedent. ... Similarly, the essence of Frisco’s claim is that Dr. Boyce’s professional negligence was a proximate cause of her dog’s death. The applicable statute of limitations, I therefore hold, had run before the counterclaim was filed.

Section 8.01-243 governs the limitations period for personal injury claims, and the remaining tort claims were timely under it.

McGlen v. Barrett · filed 2009-01-09

Whether the remaining claims asserted against the defendants are brought ex contractu or ex delicto, the suit was filed well within the statutes of limitations for personal injury, governed by Va. Code § 8.01-243, and contracts, governed by Va. Code § 8.01-246.

Virginia treats statutes of limitation as procedural, so its two-year personal-injury period governs in a Virginia forum even when another state's substantive law applies to the injury.

Booth v. Furlough, Inc. · filed 1996-12-23(A)

In the instant case, the statute of limitations is procedural, ... and so the Virginia two-year statute governing actions for personal injuries controls. Va. Code Ann. § 8.01-243(A) (Michie 1992). Both the First Cause of Action and Fifth Cause of Action accrued on May 28, 1992, the date of the injury.

Subsection (A)'s two-year fraud limitations period is procedural and applies in a Virginia diversity action instead of the five-year contract period.

Demetriades v. Bryant · filed 2010-07-23(A)

The two-year statute of limitations for fraud in Virginia, found at Va. Code Ann. § 8.01-243(A) is procedural, and therefore applies in this diversity action. ... The two year statute of limitations therefore began to run no later than in September 2004, and Appellants did not commence this action in district court until 2009 — well after the expiration of the Virginia statute of limitations for fraud cases.

Under subsection (A), a Virginia personal-injury claim accrues on the accident date and is barred when first asserted more than two years later.

Slater v. Skyhawk Transportation, Inc. · filed 1999-05-04(A)

Under Virginia law, “every action for personal injuries, whatever the theory of recovery, ... shall be brought within two years after the cause of action accrues.” Va.Code Ann. § 8.01-243.A. … The cause of action accrued on May 8, 1995, the date of the accident. Slater amended his complaint, adding a claim against S.D. Warren on August 14, 1998 — over three years from the date of the accident. Thus, under all three statute of limitations periods, Slater’s claim against S.D. Warren is time-barred, unless the amendment relates back to the filing of the original complaint, pursuant to Rule 15(c) of the Federal Rules of Civil Procedure.

New York's borrowing statute requires use of subsection (A)'s two-year personal-injury period when a nonresident's tort claim accrued from injury in Virginia and Virginia's period is shorter than New York's.

Dagliano v. Eli Lilly, Pharmaceutical Drug Co. · filed 2013-11-04(A)

Here, Dagliano’s cause of action accrued in Virginia because he took Zyprexa and suffered his alleged injury there. Because Virginia’s two-year statute of limitations for personal injury actions, see Va. Code Ann. § 8.01-243(A), is shorter than New York’s three-year statute of limitations, see N.Y. C.P.L.R. 214(5). New York’s borrowing statute requires application of Virginia’s two-year statute of limitations, which the district court properly applied in finding Dagliano’s suit time-barred.

An assault claim alleging pain and mental anguish is governed by the two-year personal-injury period even when the plaintiff suffered no physical injury.

Osborne v. Rose · filed 1997-01-24(A)

The lack of a physical injury to Osborne, Jr., however, is not determinative of whether the two-year personal injury limitations period should apply to his assault claim. ... Osborne, Jr. alleges that he suffered pain and mental anguish from the assault. Compl. ¶ 30. Accordingly, I find that Osborne, Jr.’s common-law assault claim is governed by the two-year limitations period and deny Rose’s motion for summary judgment in this respect.

Subsection (A)'s two-year personal-injury period governs Virginia negligent-infliction-of-emotional-distress claims and runs from injury rather than discovery of resulting damage.

El-Hanafi v. United States · filed 2014-08-22(A)

Under Virginia law, claims for negligent infliction of emotional distress are subject to a two-year statute of limitations, Va. Code Ann. § 8.01-243(A) (“every action for personal injuries, whatever the theory of recovery ... shall be brought within two years after the cause of action accrues.”), and a cause of action is said to accrue at the time the injury is sustained, not when the resulting damage is discovered.

Subsection (A)'s two-year period governs Virginia personal-injury claims arising from automobile accidents.

Claiborne v. Liberty Mutual Company · filed 2023-02-23(A)

Arlene Claiborne appeals the district court’s order dismissing her civil diversity suit, in which she sought damages for injuries resulting from a car accident, as barred by the applicable two-year statute of limitations in Va. Code Ann. § 8.01-243(A) (2022). We have reviewed the record and find no reversible error.

Subsection (A)'s two-year personal-injury period bars a claim against a tortfeasor filed more than two years after an automobile accident when no valid agreement prevents assertion of limitations.

Johnson v. Nationwide Mutual Insurance Company · filed 2023-05-22(A)

Moreover, even if such a claim could be brought, Plaintiff’s claim is barred by the statute of limitations. In Virginia, a personal injury action has a two-year statute of limitations. See Va. Code Ann. § 8.01-243(A). ... And the statute of limitations will bar any suit by Plaintiff against Watkins, as the accident occurred in August 2019. She never filed a suit against him prior to the statute of limitations expiring in August 2021.

Virginia personal-injury claims are subject to subsection (A)'s two-year limitations period.

Cary v. Washington Metropolitan Area Transit Authority · filed 2024-02-08(A)

Virginia’s statute of limitations period for such claims is two years. Va. Code Ann. § 8.01-243(A). Cary did not file this action until October 2023. ... Accordingly, the relevant statutes of limitations have lapsed and it is too late for him to bring this suit.

Subsection (A)'s two-year period governs section 1983 and intentional-infliction claims and runs from accrual when injury is sustained.

Moore v. Harrisonburg Police Department · filed 2025-02-06(A)

In Virginia, civil rights actions under § 1983 have a two-year statute of limitations. ... That is because the statute of limitations for claims under § 1983 is borrowed from the forum state’s personal injury statute. ... see Va. Code § 8.01-243(A). Accordingly, Moore must bring her civil rights action under § 1983 within two years of when the cause of action accrues. ... As a result, Moore’s state law IIED claim is barred by the relevant statute of limitations.

Section 8.01-243 treats emotional and mental injuries as personal injuries subject to a two-year limitations period.

Wade v. Foreign Mission Board · filed 1989-04-03

This court can think of no reason not to construe the word "injury" in § 8.01-243 also to include "mental hurt." Thus, this court holds that Mrs. Wade’s and Renee’s claims for emotional and mental injuries are claims for personal injuries subject to the two-year statute.

Subsection (A) applies its two-year limitation period to actions for personal injuries involving a positive, physical or mental hurt to the claimant.

Purcell v. Tidewater Construction Corp. · filed 1995-06-09(A)

Thus, in applying Code § 8.01-243(A), we interpret "injury" in the same manner as that word is construed to determine when a cause of action for ... personal injuries accrues: "[a] positive, physical or mental hurt to the claimant."

An action for false imprisonment is an action for personal injuries subject to the two-year limitation period in § 8.01-243(A).

Jordan v. Shands · filed 1998-04-17(A)

Accordingly, we hold that an action for false imprisonment is an action for personal injuries and, thus, subject to the two-year statute of limitations in Code § 8.01-243(A).

Virginia personal-injury claims have a two-year period, and the period begins with the initial injury even if slight, without postponement for later substantial damage.

Helinski v. Appleton Papers · filed 1997-01-31(A)

Virginia provides a two-year limitations period for personal injury actions. Va. Code Ann. § 8.01-243(A) (Michie 1993). ... Moreover, the initial injury need only be slight to trigger the limitations period, and it is immaterial that more substantial damage may occur at a later date.

Under subsection (B), continuously migrating contamination gives rise to one property-damage claim that accrues when contamination first enters the plaintiff's property, rather than a new claim for each later migration.

First Virginia Banks v. BP Exploration · filed 2000-03-14(B)

The district court concluded that FVBI's claim was barred under the applicable statute of limitations. See Va. Code § 8.01-243(B) (“Every action for injury to property . . . shall be brought within five years after the cause of action accrues.”). ... We thus conclude, as did the district court, that FVBI's trespass claim had accrued by January of 1989, and that the statute of limitations on that claim had expired by 1994, four years before FVBI filed the present action.

Negligent-retention claims have a two-year period from the date injury is first sustained, but nonsuit tolling and relation back can render an amended claim timely.

Schweisthal v. Bluestar Resort and Golf, LLC · filed 2025-02-26(A)

Negligent retention claims have a two-year statute-of-limitations period, Va. Code Ann. § 8.01-243(A), which begins to run on the date injury is first sustained. ... Thus, Schweisthal’s VWPA retaliation and negligence claims were not time-barred as of September 25, 2023, as that date predated his nonsuit by only two months.

Section 8.01-243(B) requires property-damage actions to be brought within five years after accrual, with each recurring injury creating a new accrual date.

Kneeland v. Foster Bros. · filed 1994-02-03(B)

Virginia Code § 8.01-243(B) provides that “every action for injury to property . . . shall be brought within five years after the cause of action accrues.” The dispute in the case at hand centers upon whether the tortious injury was continuous or inflicted at intervals, thereby affecting when the cause of action accrued. ... Likewise, in the situation at hand, the court finds that each overflow of the drain pool causing flooding inflicted a new injury. Each overflow caused additional damage, thus the initial act did not produce “all the damage that could ever result from it.” Hampton Roads, 234 Va. at 239. Because the cause of action accrued at intervals, the pleading is not time-barred as to those acts within the five years prior to the filing of the action.

Section 8.01-243(B) applies to a purchase money resulting trust claim, but the limitations period begins when the beneficiary has notice that the trust has been repudiated.

Shiflet v. May · filed 1998-08-06(B)

The Court is satisfied that the applicable statute of limitation in this case is that pleaded by the defendants, i.e., Virginia Code § 8.01-243(B). ... The Court finds that the cause of action in this case arose when the defendant repudiated the trust after May’s death in 1996, not when May sold the stock prior to 1992.

Section 8.01-243(A) applies a two-year limitations period to breach-of-warranty-of-title claims; the period begins when the owner’s title is challenged.

Bear Ridge Developers, L.L.C. v. Cooper · filed 2008-12-02(A)

Under this theory of recovery, a two-year statute of limitations is also applicable. Va. Code § 8.01-243(A). ... The square footage discrepancy of Unit 4A may have affected Cooper’s contractual expectations, but it was not until Bear Ridge sued Cooper that his title was placed in jeopardy. That is when the statute of limitations began to run.

The two-year personal-injury limitation runs from the date the injury occurs, not when symptoms are discovered or a diagnosis is made.

Morrison v. IBM · filed 1997-04-22(A)

The parties do not dispute that the applicable limitations period is two years from the date the cause of action accrued, and that ... cause of action accrued on the date her injury occurred, not the date symptoms were discovered or diagnosis was made. ... Accordingly, we agree with the district court that summary judgment in favor of IBM is appropriate.

A personal-injury plaintiff has two years from the accident to sue, and a timely action against the wrong person does not toll the period for the correct defendant who lacked notice.

Babbington v. Neuman · filed 2005-04-18

Pursuant to Va. Code Ann. § 8.01-243, the plaintiff had two years from the date of the accident to file her lawsuit. ... Thus, to the extent that the Motion for Judgment was timely filed, the statute of limitations was only tolled as to Adolf Neuman, the wrong party defendant.

Subsection (A) requires personal-injury actions to be filed within two years of the actual injury, not its discovery or communication to the plaintiff.

Lambert v. Sanofi US Services Inc. · filed 2024-04-12(A)

Under Virginia law, “every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.” Va. Code Ann. § 8.01-243(A). “Virginia courts have repeatedly explained that a plaintiff's cause of action accrues on the actual date of injury, not the date on which that injury is discovered by or communicated to the plaintiff.” ... Lambert’s negligence claim is time-barred because she did not file her lawsuit until February 2018, more than seven years after she stopped using ‘Taxotere and more than fout years after the limitations period expired.

Conversion is an action involving injury to property governed by the five-year period, and a fraudulent or concealed conversion does not become subject to the two-year fraud limitation merely because of how it was committed.

Bernstein Bros. Management v. Miller · filed 1997-11-25(B)

The Supreme Court held that it was and the five-year limitation set forth in Va. Code Ann. § 8.01-243(B) applied. Nothing in this case calls for a departure from that holding. Ms. Miller converted BBM’s property. The fact that she fraudulently did so does not change the nature of her tort. ... The five-year statute applies, and BBM’s judgment must be limited to $342,306.00 on its conversion count against June Miller.

Virginia conversion claims have a five-year period from accrual under subsection (B), while fraud claims have a two-year period beginning when fraud is or reasonably should be discovered under subsection (A).

Informatics Applications Group, Inc. v. Shkolnikov · filed 2011-12-27(A), (B)

The statute of limitations for a conversion claim in Virginia is five years from the date the cause of action accrues. ... Thus, the conversion claim is untimely as to the '553 Patent. However, the '146 Patent and the patent applications at issue were all filed within the limitations period, and involved different intellectual property. TIAG may therefore proceed on its conversion claim as to those patent documents. ... In Virginia, the statute of limitations for fraud is two years, and begins running when the alleged fraud is discovered or should have been discovered by the exercise of reasonable diligence. Va. Code Ann. §§ 8.01-243, 8.01-249 (2011).

Conversion claims have a five-year limitations period, and each conversion occurring more than five years before suit is time-barred.

Northstar Aviation, LLC v. Alberto · filed 2018-07-31(B)

With respect to the statute of limitations, it is well-settled ... that the applicable limitations period for claims of conversion is five years ... Accordingly, any conduct occurring prior to the following dates cannot be the basis for plaintiffs' claims: ... • Count VI - Conversion: All claims before February 20, 2013 are time-barred.

Subsection (B)'s five-year property-injury period governs conversion claims.

Industrial Development Authority of the Town of Front Royal and The County of Warren, Virginia v. Poe · filed 2022-07-18(B)

The Bader Court held “the five-year period of limitations under § 8.01—243(B) is applicable to” conversion claims. ... There is no doubt and no argument that the Warren EDA filed its Amended State Court Complaint against Poe within five years of the conversion claim accruing, and thus the Warren EDA’s conversion claim was timely filed. The motion to dismiss should therefore have been denied with respect to the Warren EDA’s conversion claim, and the Bankruptcy Court’s contrary ruling must be reversed.

Conversion claims are subject to subsection (B)'s five-year period from the date the property injury is sustained, not discovered.

Weddington v. National Indemnity Insurance Company · filed 2024-03-01(B)

“The statute of limitations for a conversion claim in Virginia is five years from the date the cause of action accrues.” Informatics Applications Grp., Inc. v. Shkolnikov (citing Bader v. Cent. Fid. Bank, 427 S.E.2d 184, 187 (Va. 1993) (applying Va. Code § 8.01-243(B) (limitation on actions for injury to property) to conversion claim)). “Under Virginia law, a claim of injury to person or property accrues when the injury is sustained . . . .” ... Applying this rule, Plaintiff needed to bring any claim arising from Defendant’s unlawful taking, use, and damage of Plaintiff’s property within five years of his injury.

Section 8.01-243(B)'s injury-to-property limitation does not apply to fraud because fraud causes personal damage rather than injury to property.

J. F. Toner & Son, Inc. v. Staunton Production Credit Ass'n · filed 1989-01-13(B)

Because fraud invariably acts upon the person of the victim rather than upon property, its consequence is personal damage rather than injury to property.

Section 8.01-243(B) applies a five-year limitations period to a claim alleging loss of a shareholder’s dissenters’ rights because those rights are property interests.

Willard v. Moneta Building Supply, Inc. · filed 2001-09-14(B)

We further hold that Willard alleged an “injury to property” and his claim was thus subject to the five-year limitation in Code § 8.01-243(B).

Section 8.01-243 does not cover a shareholder’s indirect property loss resulting from injury to the corporation.

Lexcadia Capital, L.L.C. v. Next Generation Fund, L.L.C. · filed 2006-06-01

Here, the injury to Lexcadia’s property is not direct; it is the result of Earthwalk losing money and/or not succeeding in the way Lexcadia’s assignors hoped it would, i.e., being sold or becoming an IPO candidate. The injury that Lexcadia alleges is not the kind of injury contemplated by Va. Code § 8.01-243.

Section 8.01-243(A) imposes a two-year limitations period when the alleged conduct is directed at a person rather than property.

Schur v. Sprenkle · filed 2013-05-22(A)

Therefore, since the alleged actions taken by Defendant and his alleged co-conspirators were directed personally at Plaintiff, and not at Plaintiff’s properly, the two year statute of limitations of Va. Code § 8.01-243(A) applies.

Section 8.01-243(B) gives a conversion claim a five-year limitations period because conversion is an injury to property.

Coster v. Barnett Commercial Realty, Inc. · filed 2011-01-20(B)

In accordance with Bader, the court finds that the five-year limitations period of § 8.01-243(B) applies in the case at bar, and the motion to dismiss count three is denied.

Section 8.01-243(B)’s five-year property-injury period does not apply when the alleged tortious conduct was directed at the plaintiff rather than the property.

7600 Ltd. Partnership v. QuesTech, Inc. · filed 1996-09-26(B)

The determinative factor in each of the Supreme Court’s decisions in Worrie, Pigott, J. F. Toner and Sons, Vines, and Bader was at whom the tortious conduct was directed. ... It cannot be seriously questioned that all conduct supporting this claim was therefore directed solely against 7600. Virginia Code § 8.01-248 therefore applies to the facts in this case.

Subsection (A) gives tortious-interference-with-business-advantage claims a two-year limitations period, and separately actionable tortious acts outside that period are not saved as a continuing course of conduct.

Jennings Motor Co. v. Jennings · filed 2007-03-23(A)

Both parties agree that the applicable statute of limitations in a case for tortious interference with a business advantage is two years. Va. Code Ann. § 8.01-243(A). ... The Plea in Bar as to recovery for damages resulting from acts alleged to have occurred on dates prior to August 18, 2003, is granted.

A personal-injury claim arising from a vehicle accident has a two-year limitations period running from the accident, subject to any applicable nonsuit or decedent-representative extension.

Scott v. Gardner · filed 2007-07-11

In his complaint, the plaintiff alleges that, on September 5,2000, he was injured when the vehicle he was operating was involved in an accident with another vehicle operated by Ms. Nichols. The limitations period for this action would have expired on September 5,2002, two years after the accident. Va. Code Ann. § 8.01-243. ... The Court must therefore conclude that subsection (B)(2) was not implicated by the plaintiff’s voluntary nonsuit and that the present action, instituted outside of the original limitation period and outside of the six-month period following the nonsuit, is not timely.

Subsection (A)'s two-year personal-injury limitations period applies to section 1983 claims challenging the constitutionality of a state ordinance.

Miller v. King George County, VA · filed 2008-05-12(A)

The parties do not dispute that, if this case is subject to a statute of limitations, the appropriate limitations statute is two years. See Va. Code Ann. § 8.01-243(A) (Michie 2007). We reject the Millers’ contention that this statute of limitations does not apply to § 1983 suits challenging the constitutionality of a state ordinance.

Subsection (A)'s two-year personal-injury period bars section 1983 claims based solely on discrete events occurring more than two years before the complaint.

Smith v. McCarthy · filed 2009-10-28(A)

Virginia’s personal injury statute of limitations is two years. Va. Code Ann. § 8.01-243(A). ... Thus, to the extent the Smiths sought to raise claims in their August 1, 2008, complaint expressly relating to the events of February 16, 2006, the district court correctly dismissed such claims as barred by the statute of limitations.

Subsection (A)'s two-year period applies separately to each discrete refusal-to-hire act underlying a section 1983 equal-protection claim.

Fauconier v. Clarke · filed 2020-07-20(A)

Because Fauconier filed his complaint in December 2014, well within two years after October 25, 2013, we agree with the parties that his § 1983 equal protection claim was filed within the relevant two-year limitations period and therefore was timely. Indeed, Fauconier’s § 1983 equal protection claim was timely with respect to any refusal by the VDOC to hire him within the two-year period prior to the commencement of this action.

A section 1983 action borrows subsection (A)'s two-year general personal-injury period, although a related criminal prosecution may toll that period under section 8.01-229(K).

Booth v. Higgins · filed 2020-07-22(A)

A 42 U.S.C. § 1983 lawsuit adopts the statute of limitations that the forum state uses for general personal injury cases. ... Virginia state law sets the statute of limitations at two years. See Va. Code § 8.01-243(A). ... Given the dearth of case law on the application of the tolling statute, and the allegedly related nature of the serious civil and criminal allegations, the court declines to dismiss Booth’s case based on its timeliness at this stage of the litigation.

A section 1983 claim arising in Virginia must be filed within the two-year personal-injury period, which runs from when the plaintiff knew or should have known of the injury.

Werthe v. Altman · filed 2020-09-14

Under Virginia law, the statute of limitations for a personal injury action is two years. Va. Code Ann. § 8.01-243. Thus, the relevant statute of limitations period is two years. ... Plaintiffs’ cause of action accrued on July 5, 2017, the day that their vehicle was towed. ... Plaintiffs were required to file the initial complaint in this Court on or before July 5, 2019. Plaintiffs’ did not file until February 12, 2020, and, therefore, this suit is time-barred as it is past the time provided under Virginia law.

A section 1983 action arising in Virginia must be filed within subsection (A)'s two-year general personal-injury period after accrual.

Duncan v. Lee · filed 2020-10-19(A)

Virginia has a two-year statute of limitations for general, personal injury claims. Va. Code Ann. § 8.01-243(A); ... Under these principles, a plaintiff bringing a civil rights action under § 1983 in Virginia must do so within two years from the time when his action accrues. Duncan filed this action seven years after the events underlying his complaint. Accordingly, Duncan’s § 1983 claims are also barred by the statute of limitations.

A section 1983 action in Virginia must be filed within subsection (A)'s two-year personal-injury period after the federal claim accrues.

Taebel v. University of Virginia · filed 2020-12-23(A)

In Virginia, the statute of limitations for personal injury actions is two years. Va. Code Ann. § 8.01-243(A) (2020). A plaintiff seeking to bring a civil rights action under § 1983 in Virginia must therefore do so within two years after the cause of action accrues. ... Taebel’s complaint is thus time-barred and subject to dismissal for failure to state a claim, as the expulsion for which he seeks relief allegedly occurred in 2007, thirteen years ago.

A section 1983 claim arising in Virginia must be filed within subsection (A)'s two-year personal-injury period from when the plaintiff knew or was on notice of the injury.

Sirleaf, Jr v. Clarke · filed 2021-03-09(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A). Hence, Sirleaf was required to have filed his Complaint within two years from when the underlying claim accrued. ... Claim Three (a) also is barred by the statute of limitations.

A section 1983 claim based on Virginia events is governed by subsection (A)'s two-year personal-injury period, including claims challenging an inmate's gang classification and disciplinary record.

Allah v. Kiser · filed 2021-03-30(A)

A § 1983 claim based on events that occurred in Virginia is subject to Virginia’s two-year statute of limitations for personal injury actions. ... Compl., ECF No. 1 at 14, 21. Allah’s filing with this court is well after the two-year statute of limitations. ... Accordingly, Allah’s First Amendment and Equal Protection claims based on his prior classification as part of an STG and ROSP’s failure to remove gang-related charges from his record are time-barred.

A prisoner's section 1983 claim for events in Virginia must be commenced within subsection (A)'s two-year period from accrual.

Goins v. Taylor · filed 2021-04-15(A)

Under Virginia law, a general personal injury action must be commenced within two years from the date on which the claim accrues. Va. Code Ann. § 8.01-243(A). This two-year limitation statute applies to a prisoner’s § 1983 claims for events that occurred in Virginia. ... Accordingly, his claims are time barred under § 8.01-243(A), and I must summarily dismiss them under § 1915A(b)(1) as frivolous.

Subsection (A)'s two-year period governs section 1983 personal-injury claims in Virginia, and time-barred acts cannot be revived as a continuing practice when the alleged incidents are too factually and temporally disparate.

Craighead v. King · filed 2021-09-30(A)

Virginia has a two-year statute of limitations for general, personal-injury claims. See Va. Code Ann. § 8.01-243(A); ... Thus, any claim that may have arisen from the alleged 2017 assault on Craighead was time-barred when Craighead filed his complaint in this matter on June 19, 2020. ... The events alleged by Craighead are too disparate, both factually and temporally, to plausibly provide a basis for a continuing-violation claim.

A section 1983 claim based on Virginia events must be filed within subsection (A)'s two-year general personal-injury period after accrual.

Desper v. Demastus · filed 2021-11-01(A)

A § 1983 claim based on events that occurred in Virginia is subject to Virginia’s statute of limitations for general personal injury claims, ... which requires an action be brought within two years of its accrual. Va. Code Ann. § 8.01-243(A); ... Thus, any claims based on Demastus’s actions are time-barred and must be dismissed on this basis, as well.

A section 1983 action arising in Virginia must be filed within subsection (A)'s two-year personal-injury period from when the plaintiff becomes aware or is put on inquiry notice of the injury.

Bingham v. Churchill · filed 2025-04-23(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A). Hence, Bingham was required to file his complaint within two years from when his claim accrued. ... Therefore, the complaint is untimely as to defendants Shaw and Donner, and will be dismissed as being barred by the statute of limitations.

A section 1983 action arising in Virginia must be filed within subsection (A)'s two-year personal-injury period from when the plaintiff becomes aware or is put on inquiry notice of the injury.

Bingham v. Shaw · filed 2025-04-23(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A). Hence, Bingham was required to file his complaint within two years from when his claim accrued. ... Therefore, the complaint is untimely as to all the defendants except Defendants Beyrau and Hayden, and will be dismissed as barred by the statute of limitations.

A section 1983 action arising in Virginia must be filed within subsection (A)'s two-year personal-injury period from when the plaintiff becomes aware or is put on inquiry notice of the injury.

Bingham v. Commonwealth of Virginia · filed 2025-04-25(A)

Virginia applies a two-year statute of limitations to personal injury claims. See Va. Code Ann. § 8.01-243(A), Hence, Bingham was required to file his complaint within two years from when his claim accrued. ... Therefore, the Complaint is untimely as to all three defendants, and will be dismissed as being barred by the statute of limitations.

A section 1983 claim arising in Virginia must be asserted within subsection (A)'s two-year personal-injury period after accrual.

Hinchee v. Hash · filed 2025-07-24(A)

In Virginia, the personal injury statute of limitations is two years under Va. Code Ann. § 8.01-243(A). Therefore, Hinchee’s Section 1983 claims against each defendant must have been asserted within two years of their accrual or they are time-barred (meaning the claims must be dismissed irrespective of the merits of the claim). ... Any Section 1983 claims arising from events prior to October 17, 2022, must be dismissed.

A Virginia section 1983 claim must be filed within subsection (A)'s two-year period after accrual; a short period of possible tolling from another suit does not save a complaint still filed after the extended deadline.

Briski v. Wythe County, Virgina · filed 2025-07-25(A)

Such actions in Virginia are subject to Va. Code Ann. § 8.01-243(A) and must be filed within two years from the date on which the claim accrues. ... His state court case remained pending for about four months in 2023, so to the extent that it tolled the statute of limitations ... those four months are not enough to sufficiently extend the statute of limitations. As a result, Briski’s claims against Deputy Wright, which I construe as § 1983 claims, fail for being time-barred.

A section 1983 action governed by Virginia's two-year personal-injury period is timely when the clerk accepts the complaint on the last day of that period, even after the clerk's posted office hours.

Harrison v. Prince William County Police Department · filed 2009-02-10(A)

In Virginia, parties must bring personal injury actions within two years. Va.Code Ann. § 8.01-243; ... Plaintiff originally filed a complaint in this case on October 4, 2007—exactly two years after the rights violations allegedly took place. ... If the clerk accepts a filing on or before the last date within the applicable time period, the Court is satisfied that it was timely.

Subsection (A)'s two-year personal-injury period is not tolled under Virginia law by a putative nationwide class action filed in another jurisdiction.

In Re Fosamax Products Liability Litigation · filed 2010-03-15(A)

The statute of limitations for personal injury claims is three years in New York, N.Y. C.P.L.R. § 214(5), and two years in Virginia—the state in which Plaintiffs' causes of action accrued. Va.Code Ann. § 8.01-243(A). Therefore, the Court applies the Virginia two-year statute of limitations to Plaintiffs' claims. ... The pendency of the Wolfe class action did not toll Virginia's two-year statute of limitations and thus all claims are time-barred.

Subsection (A)'s two-year personal-injury period is not tolled under Virginia law by a putative nationwide class action filed in another jurisdiction.

Brodin v. Merck & Co. · filed 2010-03-15(A)

The statute of limitations for personal injury claims is three years in New York, N.Y. C.P.L.R. § 214(5), and two years in Virginia — the state in which Plaintiffs’ causes of action accrued. Va.Code Ann. § 8.01-243(A). Therefore, the Court applies the Virginia two-year statute of limitations to Plaintiffs’ claims. ... The pendency of the Wolfe class action did not toll Virginia’s two-year statute of limitations and thus all claims are time-barred.

Subsection (A) gives a personal-injury claim two years from the accident regardless of the theory of recovery, and a two-year product-warranty duration does not shorten that limitations period.

Mavity v. MTD Products, Inc. · filed 2010-06-01(A)

Even assuming that the limitation described above is enforceable, it is clearly not a reduction of the statute of limitations applicable to the plaintiffs cause of action for personal injury, which under Virginia law is two years from the date of the accident, regardless of the theory of recovery.

Section 8.01-243(A) requires personal injury actions to be brought within two years after the cause of action accrues.

Angles v. Crosett · filed 1994-05-24(A)

The applicable statute of limitations provides, in pertinent part, that “every action for personal injuries, whatever the theory of recovery . . . shall be brought within two years after the cause of action accrues.” Va. Code § 8.01-243(A).

Section 8.01-243 imposes a two-year limitations period for personal injury claims, and a nonsuit does not toll it for a new substantive claim.

Papile v. Batman Co. · filed 1995-08-18

This Court denied Plaintiff’s Motion to Amend the First Motion for Judgment to plead willful and wanton conduct in November, 1994. Without this amendment, the statute of limitations was not tolled in the first case by Plaintiffs nonsuit. Plaintiff’s cause of action accrued on October 11, 1992. The Second Motion for Judgment, alleging willful and wanton conduct, was filed January 26, 1995, more than two years after the cause of action accrued. Accordingly, Defendant’s Plea in Bar is sustained as to Count II of the Second Motion for Judgment.

Personal injury actions must be filed within two years.

Carr v. Home Insurance · filed 1995-11-03(A)

Home did not bring its action seeking recovery from Carr within the two year limitation period for personal injury actions. Therefore, the trial court erred in denying Carr's plea of the statute of limitations.

Section 8.01-243(A) imposes a two-year limitations period on actions for personal injuries, whatever the theory of recovery.

Hunter v. Massie · filed 1995-12-26(A)

Hunter’s claim against Massie is clearly one for personal injury; he claims that he has been convicted and incarcerated because of his court-appointed lawyer’s professional negligence. Since the parties had no contract and the lawyer’s duty arose solely out of the relationship of the parties, I am of the opinion that this is an “action for personal injuries, *448whatever the theory of recovery,” Code § 8.01-243(A), and that no questions of contract law are implicated. Therefore, I find that the two-year limitations period of Code § 8.01-243(A) applies, and that the suit is time-barred.

Subsection A requires every personal injury action, regardless of theory, to be filed within two years after the cause of action accrues.

Hollingsworth v. Shenandoah Medical Imaging, Inc. · filed 1996-01-18(A)

Pursuant to Virginia Code § 8.01-243(A) “every action for personal injuries, whatever the theory of recovery .. . shall be brought within two years after the cause of action accrues.” ... Because the Motion for Judgment was not filed within two years of injury, which at the latest was September 1, 1991, the plaintiff’s claim is time barred.

Section 8.01-243(A) provides a two-year limitation period for personal injury actions and does not govern wrongful discharge claims without mental or physical injury to the body.

Spencer v. Sharp Electronics Corp. · filed 1996-12-18(A)

Accordingly, this Court concludes it must read Purcell more broadly. Va. Code § 8.01-243(A) does not govern Plaintiffs action for wrongful discharge because that cause of action does not involve mental or physical injury to the body.

Section 8.01-243(A) applies a two-year limitation period to every action for personal injuries, whatever the theory of recovery.

Eshaghi v. Kunz · filed 1997-03-11(A)

Section 8.01-243(A) applies to “every action for personal injuries, whatever the theory of recovery.” ... In light of the gist of Mr. Eshaghi’s action, the Court finds it not an action for personal injury.

Section 8.01-243(A) requires a personal injury action to be brought within two years after it accrues.

Oliver v. Farmer · filed 1998-04-16(A)

Pursuant to Code § 8.01-243(A), an action for personal injuries must be brought within two years of the action accruing. Here, the action accrued on the date of the accident, July 12,1994. The Motion for Judgment in this case was filed more than two years after the date of the accident.

Section 8.01-243 requires personal injury actions to be brought within two years after the cause of action accrues.

Taylor v. Vance International, Inc. · filed 1999-04-06

Any “action for personal injuries, whatever die theory of recovery... shall be brought within two years after the cause of action accrues.” Virginia Code § 8.01-243. The plaintiff’s cause of action accrued on December 26, 1994; therefore, any action against VUPS filed after December 26,1996, would seem to be barred. This suit was instituted November 24,1998, clearly beyond the two-year limitation period.

Section 8.01-243(A) sets a two-year limitation period for personal injury actions, whatever the theory of recovery.

Page v. Doe · filed 2000-08-03(A)

The applicable statute of limitation for a personal injury action “whatever the theory of recovery” is “two years after the causé of action accrues.” Virginia Code § 8.01-243(A).

Section 8.01-243 sets a two-year limitations period for personal injury claims and a five-year period for property damage claims.

Hanson v. Brooks · filed 2001-07-31

The statute of limitations for a personal injury is two years from the date that the injury is sustained. Va. Code §§ 8.01-243; 8.01-230. ... However, with respect to the claim for property damage, that is not barred as the statute of limitations for damage to property is five years. Va. Code § 8.01-243.

Section 8.01-243(A) bars a personal injury claim first asserted more than two years after the cause of action arose.

James v. Ashland Ford-Mercury, Inc. · filed 1998-07-31(A)

Count III of the Motion for Judgment is time-barred by § 8.01-243(A). It was not first asserted until September 29, 1997, more than two years after the date on which the cause of action arose, February 18, 1995.

Section 8.01-243 gives a plaintiff two years to file a personal injury action after the claim accrues.

Zahuranec v. Levine · filed 2011-05-13

It is undisputable that the applicable statute of limitations is two years for Zahuranec’s personal injury claims against Bowers. See Va. Code § 8.01-243 (2011). Furthermore, it is uncontested that Zahuranec’s cause of action against Bowers accrued on October 23,2005, the date of the alleged accident. Therefore, Case 2010, filed on January 11, 2010, unquestionably falls outside the statute of limitations period with respect to Bowers.

Section 8.01-243 sets a two-year limitation period for personal injury actions.

Kocher v. Campbell · filed 2011-06-09

Virginia provides a two-year limitation period for causes of action for personal injury. Code § 8.01-243. The plaintiff’s cause of action was therefore time-barred after April 6, 2006.

Section 8.01-243 gives personal injury actions a two-year limitations period measured from accrual.

Sims v. Rank · filed 2012-07-02

In either event, these causes of action are controlled by Va. Code § 8.01-243. All causes of action for personal injury under this code section have a limitation of two years after the cause of action accrues.

Subsection (A)'s two-year personal-injury period bars an untimely claim against a civil co-defendant when a related criminal prosecution did not toll the period as to that co-defendant.

Scott v. Coleman · filed 2011-06-01(A)

Brooks has filed a Special Plea of the Statute of Limitations claiming that suit was not properly brought against him within the applicable and required two year statutory period and, therefore, the Amended Complaint should be dismissed as to him. Va. Code Ann. § 8.01-243(A). ... The Court grants the Special Plea of the Statute of Limitations filed by Antonio Brooks as to the instant action.

Subsection (A)'s two-year personal-injury period for section 1983 claims is tolled during a criminal prosecution when facts about prison housing decisions plausibly helped establish the motive and mens rea for the prosecuted assault.

Jarrett v. Still · filed 2025-09-09(A)

Under Virginia law, personal injury actions must be brought within two years from when the cause of action accrued. Va. Code Ann. § 8.01-243(A). ... Here, the plaintiff has the stronger argument. It is plausible that the facts leading up to Jones’s assault on Jarrett — namely, housing in the same cell two men belonging to rival gangs — helped to establish motive and, relatedly, mens rea. I will reject the statute of limitations defense.

Subsection (D1)'s ten-year period for an adult's personal injury from sexual abuse applies only to causes accruing on or after July 1, 2020, and does not revive an earlier assault claim.

Duncan v. Lee · filed 2020-11-23(D1)

Virginia recently amended Virginia Code § 8.01-243 to extend the limitations period for personal injury claims resulting from “sexual abuse” of an adult to ten years, but the longer period applies only to causes of action which accrued on or after July 1, 2020. Va. Code Ann. § 8.01-243(D1). Thus, Duncan’s reference to his being kicked in the testicles as a “sexual assault,” even if qualified as “sexual abuse” for limitations purposes—which is unlikely, ... does not trigger the ten-year limitations period because it occurred before July 1, 2020. ... Accordingly, Duncan’s claims ate untimely.

Subsection (A)'s two-year period runs from the personal injury, but an amended complaint adding a previously unnamed defendant is timely if it relates back to an original complaint filed within that period.

Lynch v. A and A Executive Transportation Services, Inc. · filed 2025-04-10(A)

The Virginia statute of limitations applicable to Plaintiffs’ claims provides that “every action for personal injuries, whatever the theory of recovery, . . . shall be brought within two years after the cause of action accrues.” Va. Code Ann. § 8.01-243(A). ... The court concludes that Plaintiffs’ amendment naming Howard as a defendant meets Rule 15(c)(1)(C)’s conditions and thus relates back to the date of the original, timely complaint.

A section 1983 defendant added after subsection (A)'s two-year deadline is not time-barred when timely service within an extended Rule 4(m) period permits the amendment to relate back.

Vinson · filed 2026-02-17(A)

In Virginia, the personal injury statute of limitations is two years under Va. Code Ann. § 8.01-243(A). Therefore, Brewster’s claim must have been asserted within two years of its accrual or it is time-barred (meaning the claim must be dismissed irrespective of the merits of the claim). ... The court therefore finds the service of Laprade timely under the extension granted explicitly in this Order, so the amended complaint relates back to the date of filing of the original complaint under McGraw.

Section 8.01-243’s two-year period for personal injury actions bars adding a new party on new claims almost seven years after the injury.

Collier v. Arby's, Inc. · filed 2002-03-07(A)

Because Plaintiff seeks to sue a new party under new causes of action almost seven years after the accident, the two-year statute of limitations for bringing an action prohibits substitution.

Section 8.01-243’s limitations period continues to run against new defendants until the court grants leave to amend the complaint.

Ahari v. Morrison · filed 2008-01-11

Thus, until the circuit court granted leave for Ahari to amend her complaint, the statute of limitations continued to run with regard to the cause of action asserted against the new defendants.

Subsection (A)'s two-year period for a prisoner's section 1983 claim is tolled throughout mandatory administrative exhaustion until the final response, and the complaint is filed when delivered to prison authorities.

Cavalieri v. Boyers · filed 2025-04-11(A)

With allowances for tolling during administrative exhaustion and applying the prison mailbox rule, Claims 1, 2, and 3 are all timely, and the medical defendants’ motion to dismiss these claims will be denied. Because Cavalieri’s § 1983 claims are not specifically governed by a statute of limitations, Virginia’s two-year statute of limitations for personal injury actions applies. ... Here, it took Cavalieri five months to exhaust his administrative remedies, from November 5, 2020 through April 5, 2021, and the statute of limitations will be tolled during this period.

A prisoner's section 1983 complaint subject to subsection (A)'s two-year period is deemed filed when delivered to prison authorities, and a signature date may establish timely delivery at the pleading stage absent contrary evidence.

Moss v. Booth · filed 2025-05-12(A)

In Virginia, a two-year limitations period applies to actions for personal injuries. See Va. Code Ann. § 8.01-243(A). ... Because it is not clear from the face of the complaint that the two-year statute of limitations expired before Moss delivered the complaint to prison officials for mailing, the claims against the LPD Officers cannot be dismissed as untimely under Rule 12(b)(6).

A section 1983 claim arising in Virginia must be filed within subsection (A)'s two-year personal-injury period, and inability to obtain legal assistance does not equitably toll that period.

Hurley · filed 2026-03-05(A)

Virginia has a two-year statute of limitations for general personal injury claims. Va. Code Ann. § 8.01-243(a). Under these principles, a plaintiff bringing a civil rights action under § 1983 in Virginia must do so within two years from the time his action accrues. ... Although Hurley asserts that he could not get assistance with filing the § 1983 form or retaining a lawyer, he has not demonstrated a circumstance sufficient to invoke equitable tolling. ... Accordingly, Hurley’s claims are barred by the statute of limitations and will be summarily dismissed.

Subsection (A)'s two-year period, rather than the federal four-year catchall, governs constitutional section 1983 claims not made possible by a post-1990 federal enactment.

Hair · filed 2026-04-07(A)

Because all three of Hair’s claims brought pursuant to 42 U.S.C. § 1983 accrued in April of 2022, the statute of limitations ran in April of 2024. ... Virginia’s two-year personal injury limitations period therefore controls because Hair’s § 1983 claims do not arise from an act of Congress enacted after December 1, 1990. ... For the reasons above, the Court finds that Virginia’s two-year statute of limitations bars Hair’s three claims brought pursuant to 42 U.S.C. § 1983.

Subsection (A)'s two-year period for section 1983 false-arrest and false-imprisonment claims is not tolled by concealed body-camera footage when the plaintiff already knew the injury and responsible actor.

Hill · filed 2026-05-07(A)

The statute of limitations for personal injury suits in Virginia is two years. Va. Code Ann. § 8.01-243(A). ... Here, Hill’s theory of fraudulent concealment does not save his claims, because the body-cam footage—even if it was concealed—did not contain any information essential to stating his claim at the pleading stage. ... Accordingly, Hill’s claims are time-barred and must be dismissed.

Section 8.01-243 requires a personal injury action to be brought within two years after the cause of action accrues.

McCoy v. City of Virginia Beach School Board · filed 1981-12-03

Virginia Code § 8.01-243 mandates that the action "shall be brought within two years next after the cause of action shall have accrued."

Section 8.01-243 requires an action to be brought within one year after the injury is discovered or reasonably should have been discovered through due diligence.

Smith v. Teunis · filed 1989-05-25

Smith has alleged that Teunis concealed the affair, and therefore, the applicable rule is that the case must be brought "within one year from the date the inquiry is discovered or, by the exercise Of due diligence, reasonably should have been discovered." Va. Code § 8.01-243 (1950).

Section 8.01-243(A) sets a two-year limitations period for personal injury actions, which may be subject to estoppel when specific representations induce reliance and delay suit.

Grant v. Mraz · filed 1990-07-11(A)

The defendants are estopped to plead the two-year statute of limitations with respect to these claims.

Section 8.01-243(A) gives personal injury actions a two-year statute of limitations.

Tyco Associates, Inc. v. Fairfax County · filed 1990-12-11(A)

Thus, the plaintiff’s cause of action is barred if it was not brought within the two-year statute of limitations for personal injuries set forth in Va. Code § 8.01-243(A) (1990 Supp.).

Subsection (A) requires actions for damages resulting from fraud to be brought within two years after the cause of action accrues.

Krisnathevin v. Five-Star Properties, Inc. · filed 1991-04-16(A)

Every action for damages resulting from fraud must be brought within two years after the cause of action accrues. Code § 8.01-243(A).

Section 8.01-243(B) provides a five-year limitation period for actions for injury to property.

Vines v. Branch · filed 1992-06-05(B)

Since Branch’s alleged conduct was directed at Vines’s property, and not at Vines personally, it constitutes an injury to property. See Pigott v. Moran, 231 Va. 76, 81, 341 S.E.2d 179, 182 (1986). Accordingly, the five-year limitation period of Code § 8.01-243(B) governs.