Va. Code Ann. § 8.01-243

Section 8.01-243(A) generally requires personal injury actions to be brought within two years after accrual, and an expired limitations bar is a substantive defense protected from retroactive removal.

Starnes v. Cayouette · filed 1992-06-05(A)

Code § 8.01-243(A) provides that “every action for personal injuries, whatever the theory of recovery . . . shall be brought within two years next after the cause of action shall have accrued.” ... The immunity from suit which arises by operation of the statute of limitations is as valuable a right as the right to bring the suit itself.

Section 8.01-243 requires personal injury actions, regardless of the theory of recovery, to be brought within two years after accrual.

Johnson v. Capital Area Permanente Group · filed 1993-02-01

Virginia Code Ann. § 8.01-243 (Repl. Vol. 1992) provides that “every action for personal injuries, whatever the theory of recovery ... shall be brought within two years after the cause of action accrues.” ... Accordingly, the “continuous treatment” rule applies in this case. Johnson’s cause of action accrued in March 1991 when her treatment for HIV ceased. Her suit against AML was timely filed in February 1992. The demurrer to the Count II negligence claim is overruled.

Section 8.01-243 requires an action for personal injuries to be brought within two years after the cause of action accrues.

Ely v. Shirley's Barbecue, Inc. · filed 1993-03-22

Because the new allegations of the amended motion for judgment effectively plead a new cause of action barred by the two-year statute of limitations of Code § 8.01-243, I grant the defendant’s motion to dismiss those allegations.

Section 8.01-243(A) sets a two-year limit for personal injury actions, while subsection (B) provides a five-year limitation period applied here to reimbursement of medical expenses.

Mahony v. Becker · filed 1993-09-17(A), (B)

The same result ensues if the parents can take advantage of the five-year limitation of Code § 8.01-243(B) in their claim for reimbursement of medical expenses. The statute of limitations for these expenses would have expired in January 1992, five months before this action was filed.

Section 8.01-243(A) provides a two-year limitations period for personal injury actions, but it does not govern defamation claims based on reputational harm.

Tennant v. American Home Products, Inc. · filed 1994-08-02(A)

The dispositive issue before the Court is which statute of limitations applies to this action: the two-year period set forth in Va. Code § 8.01-243(A) for personal injury actions or the one-year period provided in Va. Code § 8.01-248 for other personal action claims for which no specific period is set forth in the Code of Virginia. ... Applying the foregoing legal authority to the instant case, this Court agrees with the vast majority of reported Virginia cases which have applied the one-year statute of limitations period set forth in Va. Code § 8.01-248 to defamation actions. Accordingly, plaintiff’s new defamation claims are governed by the one-year limitations period.

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

Pidgeon v. Wake · filed 1994-08-31(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.”

Subsection (B) requires property injury actions to be brought within five years, while subsection (A) supplies a two year limitations period for the civil rights claim.

McLaughlin v. Town of Front Royal · filed 1994-09-02(A), (B)

The Virginia Supreme Court then noted that property damage actions such as the one before it are governed by the provisions of Virginia Code Section 8.01-243(B), which provides that “every action for injury to property . . . should be brought within five years next after the cause of action shall have accrued.” Id. at 239. This five year statute of limitations applies to all of the Complainant’s rights of action except for their civil rights claim set forth in Count III, which is subject to the two year statute of limitations of Virginia Code § 8.01-243(A).

For fraud claims accruing on or after July 1, 1987, the action must be brought within two years after accrual.

Johnson v. Jones · filed 1994-11-21(A)

For causes of action accruing on or after July 1, 1987, “every action for *592damages resulting from fraud, shall be brought, within two years after the cause of action accrues.” Va. Code § 8.01-243(A).

Subsection (a) sets the limitations period for a medical malpractice claim and determines when it begins and expires.

Merritt v. Clark · filed 1995-04-11(a)

The statute of limitations for Plaintiff’s medical malpractice claim against Dr. Ford began to run on November 30, 1992, and expired on November 30, 1994. ... Virginia Code § 8.01-243(a).

Section 8.01-243(B) provides a five-year limitations period for conversion and trover claims.

Clay v. First Union National Bank · filed 1995-07-26(B)

Both claims were brought within the applicable five-year limitations period, (Va. Code § 8.01-243(B)), therefore the pleas in bar as to Count V and VI are denied.

Section 8.01-243 provides the applicable statute of limitations for the action.

Owens v. Brown · filed 1996-07-19

In light of the foregoing, the court concludes that Count II of the motion for judgment does allege a new cause of action which as a result does not relate back to the date of filing of the original motion for judgment and under the circumstances of this case is barred by Code § 8.01-243, the applicable statute of limitations.

Section 8.01-243(A) requires a personal injury action to be filed within two years after the injury occurs, and the party asserting the limitations bar must prove the injury date with reasonable medical certainty.

St. George v. Pariser · filed 1997-04-18(A)

To carry his burden on the limitations plea, therefore, Pariser was required to show, with reasonable medical certainty, that this injury, the movement of the cancer from the epidermis to the dermis, occurred prior to October 21, 1991. The only evidence in the record on the issue of when the injurious change occurred is Dr. Cooper's testimony that he believed the change happened after January 1992. There is nothing in the record which would place the date of the injury more than two years prior to the filing of the motion for judgment in this case. Thus, Pariser wholly failed to meet his burden of proof to sustain his statute of limitations plea, and the trial court erred in denying St. George's motion to strike the plea as a matter of law.

Section 8.01-243’s limitation period does not bar an action when the tolling provisions of § 8.01-229 apply.

Parrish v. Hicks · filed 1992-12-08(A)

In the case at bar, the court must therefore conclude that the Plaintiffs’ Motions for Judgment are not barred by § 8.01-243.

For the two-year personal injury filing period in § 8.01-243, the day the cause of action arises is excluded from the computation.

Forgette v. Irwin · filed 1998-10-07

The cause of action arose or occurred on June 30, 1996, and considering and relying upon § 1-13.3 of the Code of Virginia and the similarity of Rule 6 of the Federal Rules of Civil Procedure referred to above, the Court concludes and rules that the date of the cause of action, June 30, 1996, is not *419to be computed in determining the initiation of the two year period referred to in Virginia Code § 8.01-243 and, accordingly, the Plaintiff in each of the above-captioned actions had from July 1,1996, the day after the accident, until and through June 30, 1998, to bring and file an action for personal injuries.

Section 8.01-243(A) provides a two-year limitations period for personal injury actions; a common law conspiracy claim filed outside that period is barred even if the period applies.

EER Systems Corp. v. Armfield, Harrison & Thomas, Inc. · filed 1999-11-04(A)

The common law conspiracy count is governed by either the one-year “catch all” statute of limitations in Code § 8.01-248 (since enlarged to two years for actions accruing on or after July 1, 1995, or, at best, the two-year statute of limitations for personal injury actions, Code § 8.01-243(A). In either event, that count is time-barred.

Section 8.01-243(A) provides a two-year limitations period for this medical malpractice action.

Hewlette v. Proffer · filed 2001-10-16(A)

The applicable period of limitations is found in Code § 8.01-243(A) and is a two-year period.

Section 8.01-243(A) sets a two-year limitations period for personal injury actions.

Layfield v. Indian Acres Club of Thornburg, Inc. · filed 2002-02-22(A)

The period of limitations for an action for personal injury is two years. Virginia Code § 8.01-243(A).

Section 8.01-243(A) supplies a two-year limitation period for § 1983 actions brought in Virginia courts.

Billups v. Carter · filed 2004-11-05(A)

Our general or residual statute of limitations provides, in pertinent part, that every action for personal injury, “whatever the theory of recovery . . . shall be brought within two years after the cause of action accrues.” Code § 8.01-243(A). We hold that § 1983 actions brought in Virginia courts are governed by the two-year limitation prescribed by that section.

Section 8.01-243(A) requires an action for damages resulting from fraud to be brought within two years after the cause of action accrues.

Gibbs v. Hudson Properties, Inc. · filed 2005-06-27(A)

On the date when Gibbs was terminated and Hudson uncovered Gibbs’s fraud, the resulting cause of action was governed by Virginia Code § 8.01-243(A), which states in part that “every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.” Thus, Hudson would have had to have filed this action by February 29, 2002, for it to be considered timely under § 8.01-243.

Section 8.01-243(B) gives a detinue action for the return of personal property a five-year limitations period.

Eung Hee Lee v. Moon Sik Park · filed 2007-04-04(B)

As indicated supra, the statute of limitations for a detinue action is five years.

Section 8.01-243(A) provides a two-year limitations period for fraud.

Kirchner v. McAninley · filed 2009-08-21(A)

Virginia Code § 8.01-243(A) provides that fraud carries a two year statute of limitations.

Section 8.01-243(A) imposes a two-year limitations period on the fraud claims at issue.

Chitty v. Liberty University · filed 2013-12-04(A)

Even if the district court’s dismissal without prejudice would otherwise be a non-appealable interlocutory 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 on Chitty’s fraud claims has passed. Va. Code Ann. § 8.01-243(A) (2013 Cum. Supp.). Thus, we conclude that the district court’s dismissal order is effectively final.

Section 8.01-243(A) gives a plaintiff two years from accrual to bring a personal injury action; filing against a deceased defendant does not toll that period as to the executor.

White v. Martin · filed 1988-11-09(A)

Based on the facts of this case, the August 26, 1988, attempt to commence an action against the estate is barred as being filed after the expiration of the two-year personal injury statute of limitation and after one year of the qualification of the personal representative.

Section 8.01-243(A) sets a two-year limitations period for personal injury claims.

McEvily v. K-Mart Corp. · filed 2007-02-28(A)

None of the statutes of limitations governing McEvily’s causes of action exceed two *52years from the time they accrue. See Va. Code §§ 8.01-243(A), 8.01-247.1, and 8.01-248.