! Time Limitations on Actions

Question 1

What is the general statute of limitations for personal injury actions?

Answer 1

Two years after the cause of action accrues

The cause of action accrues when the injury is sustained.

Question 2

What is the statute of limitations for personal injuries resulting from sexual abuse of a minor?

Answer 2

Twenty years after the cause of action accrues

The cause of action accrues upon the later of the removal of the disability of infancy or incapacity or when the injury is first communicated by a licensed professional.

Question 3

What is the time limit for parental claims for expenses due to a minor’s personal injuries?

Answer 3

Five years after the cause of action accrues

This applies to expenses stemming from personal injury or loss of services of the minor.

Question 4

How long is the statute of limitations for medical malpractice actions?

Answer 4

Generally two years

It can be extended under certain circumstances such as continuous treatment or fraud preventing discovery.

Question 5

When does the statute of limitations begin for medical malpractice during a continuous course of treatment?

Answer 5

When the improper course of examination terminates.

Question 6

What extends the statute of limitations for actions involving foreign objects left in a patient’s body?

Answer 6

One year from the date the object is discovered or should have been discovered.

Question 7

What is the statute of limitations for products liability actions?

Answer 7

When the person knew or should have known of the injury and its causal connection to the device.

Question 8

What is the statute of limitations for actions based on asbestos exposure?

Answer 8

Two years after diagnosis communicated by a physician

No action may be brought more than two years after the death of the person.

Question 9

What defines a latent injury?

Answer 9

An injury that remains dormant or undiagnosable during the limitations period.

Question 10

What is the statute of limitations for tortious injury to property actions?

Answer 10

Five years after the cause of action accrues.

Question 11

What is the statute of limitations for defamation actions?

Answer 11

One year after the cause of action accrues.

Question 12

When does the statute of limitations for fraud actions begin?

Answer 12

When the fraud is discovered or should have been discovered.

Question 13

What is the burden of proof for a fraud action?

Answer 13

Clear and convincing evidence.

Question 14

What is the statute of limitations for actions based on mistake?

Answer 14

Subject to the statute of limitations for the underlying cause of action.

Question 15

What is the time limit for a wrongful death action?

Answer 15

Two years after the death of the decedent.

Question 16

What is the statute of limitations for a contract action based on the sale of goods under the UCC?

Answer 16

Four years after the cause of action accrues.

Question 17

When does a UCC contract action generally accrue?

Answer 17

When the breach occurs.

Question 18

What is the statute of limitations for a written non-UCC contract?

Answer 18

Five years after the cause of action accrues.

Question 19

What is the statute of limitations for an oral non-UCC contract?

Answer 19

Three years after the cause of action accrues.

Question 20

What is the time limit for actions based on a contract to collect medical debt?

Answer 20

Three years from the due date on the final invoice.

Question 21

What is the statute of limitations for actions for contribution or indemnification based on an implied contract?

Answer 21

Three years.

Question 22

What is the statute of limitations for enforcing a note?

Answer 22

Six years after the due date stated in the note.

Question 23

What is the statute of limitations for a distress action for rent?

Answer 23

Five years from the time the rent becomes due.

Question 24

What is the statute of limitations for enforcing a deed of trust, mortgage, or lien with a fixed maturity date?

Answer 24

Ten years from the final maturity date.

Question 25

What is the statute of limitations for ejectment actions based on adverse possession?

Answer 25

Fifteen years from the accrual of the action.

Question 26

What is the time limit to bring an enforcement action if a maturity date for a debt is fixed?

Answer 26

Within 10 years from the final maturity date of the debt. ## Footnote § 8.01-241.

Question 27

What is the time limit for an enforcement action if a maturity date is not fixed?

Answer 27

Within 20 years from the date of the deed of trust, mortgage, or other lien. ## Footnote § 8.01-242.

Question 28

How long does one have to bring an action to recover land due to adverse possession?

Answer 28

Within 15 years of the accrual of the right to bring this action. ## Footnote § 8.01-236.

Question 29

What is the extended time limit for recovering land if a tolling provision is applicable?

Answer 29

Within 25 years from when the cause of action accrued. ## Footnote § 8.01-237.

Question 30

What is the time limit for filing an action for unlawful entry or detainer?

Answer 30

Within three years of the entry or detainer. ## Footnote § 8.01-236.

Question 31

What is the time limit for a tortious action related to a defective and unsafe condition of real property improvements?

Answer 31

Must be brought no more than five years after the performance or furnishing of such services and construction. ## Footnote § 8.01-250.

Question 32

What does the statute of repose apply to in the context of real property improvements?

Answer 32

Any action for contribution or indemnity for damages sustained because of injury due to defective and unsafe conditions. ## Footnote § 8.01-250.

Question 33

What is the time limit for a partner to bring an action against another for settlement of the partnership account?

Answer 33

Within five years of the termination of their partnership dealings. ## Footnote § 8.01-246(3).

Question 34

What is the time limit to enforce a circuit court judgment dated before July 1, 2021?

Answer 34

Within 20 years after the date of the judgment. ## Footnote § 8.01-251(A).

Question 35

How long does a judgment creditor have to enforce a judgment dated on or after July 1, 2021?

Answer 35

Within 10 years of the date of judgment. ## Footnote § 8.01-251(A).

Question 36

What is the maximum period for enforcing a judgment, including extensions?

Answer 36

30 years for judgments dated on or after July 1, 2021. ## Footnote § 8.01-251(A), (B).

Question 37

What is the time limit for an action to set aside a voluntary conveyance by an insolvent transferor?

Answer 37

Within five years from the recording of the deed of transfer, or if not recorded, from the time the conveyance was or should have been discovered. ## Footnote § 8.01-253.

Question 38

What is the time limit for challenging the admission of a will to probate?

Answer 38

Within six months after its entry to the circuit court. ## Footnote § 64.2-445.

Question 39

Is an action brought by or on behalf of the Commonwealth subject to a statute of limitations?

Answer 39

No, unless a statute provides otherwise. ## Footnote § 8.01-231.

Question 40

What is the time limit for a defamation action?

Answer 40

One year. ## Footnote This applies to actions for defamation claims.

Question 41

What is the time limit for personal injury actions?

Answer 41

Two years. ## Footnote This applies to personal injury claims.

Question 42

What is the time limit for actions based on oral non-UCC contracts?

Answer 42

Three years. ## Footnote Applies to oral contracts or unsigned written contracts.

Question 43

How long does one have to bring a written non-UCC contract action?

Answer 43

Five years. ## Footnote This applies to written contracts.

Question 44

What is the time limit for enforcement of a general district court judgment?

Answer 44

Within 10 years after the date of the judgment. ## Footnote No extension provision applies.

Question 45

What is the time limit for ejectment actions due to adverse possession?

Answer 45

Fifteen years. ## Footnote This refers to actions for ejectment.

Question 46

What exception applies to the statute of limitations for minors?

Answer 46

The statute does not begin to run until the minor reaches 18 years of age or the disability is removed. ## Footnote § 8.01-229(A)(1).

Question 47

What is the time limit for medical malpractice actions for minors?

Answer 47

Within two years of the last act or omission giving rise to the cause of action, with specific provisions if the minor is under eight years old. ## Footnote § 8.01-243.1.

Question 48

What happens to the statute of limitations if an individual becomes incapacitated after the cause of action accrues?

Answer 48

The statute of limitations is suspended until the individual regains capacity. ## Footnote § 8.01-229(A)(2)(b).

Question 49

What is the effect of an injunction on the statute of limitations?

Answer 49

The statute of limitations is tolled during the continuance of the injunction. ## Footnote § 8.01-229(C).

Question 50

What happens if the filing of an action is obstructed by a defendant?

Answer 50

The statute of limitations is tolled during the period of obstruction. ## Footnote § 8.01-229(D).

Question 51

What is the time limit for recommencing an action after a voluntary nonsuit?

Answer 51

Within six months from the date of the court order granting the nonsuit or the original limitation period, whichever is longer. ## Footnote § 8.01-229(E)(3).

Question 52

What is the time frame for a plaintiff to refile an action after a nonsuit?

Answer 52

Six months ## Footnote This time frame applies even if the contractual period has expired during the pending of the original action.

Question 53

If a plaintiff fails to recommence an action within the six-month period, what happens to the statute of limitations?

Answer 53

There is no suspension of the statute of limitations. ## Footnote The plaintiff must recommence the action within the original period of limitation.

Question 54

Under what condition can a defendant assert a claim for indemnification or contribution as a third-party plaintiff?

Answer 54

If an action is commenced within 30 days before the expiration of the limitation period ## Footnote The running of the limitation period against the claim is suspended for 60 days from the expiration of the limitation period for the original action.

Question 55

When does the statute of limitations for a promise to pay a contract claim begin to run?

Answer 55

From the date of the promise, not from the date of the contract. ## Footnote This applies when a person promises in a signed writing to pay money already owed under a contract.

Question 56

When does the statute of limitations begin to run on a counterclaim or cross-claim?

Answer 56

When the counterclaim or cross-claim is filed. ## Footnote It is tolled if it arises from the same transaction or occurrence as the plaintiff’s claim.

Question 57

How does a pending criminal prosecution affect the statute of limitations for a civil action?

Answer 57

The time such prosecution is pending is not computed as part of the period within which a civil action may be brought. ## Footnote This allows for the civil action to be brought within the remaining period of the statute or within one year, whichever is longer.

Question 58

What happens to the statute of limitations when a creditors' suit is commenced?

Answer 58

The running of the statute of limitations is suspended for debts provable in the action. ## Footnote This applies from the commencement of the action, provided the debts are brought in before the commissioner in chancery.

Question 59

Is an unwritten promise not to plead the statute of limitations enforceable?

Answer 59

Generally, it is void. ## Footnote A written promise is enforceable under certain conditions.

Question 60

What stops the running of the statute of limitations?

Answer 60

The commencement of an action (e.g., the filing of a complaint). ## Footnote This is established under § 8.01-228 and Rule 3:2.

Question 61

What conditions allow an amendment of a pleading to relate back to the date of the original pleadings?

Answer 61

* The claim or defense arose from the conduct set forth in the original pleading * The amending party was reasonably diligent in asserting the amended claim * Opposing parties will not be substantially prejudiced ## Footnote This does not apply to eminent domain or mechanics’ lien claims.

Question 62

When can a pleading be amended to insert the correct party’s name?

Answer 62

If the party or its agent had actual notice of the claim before the expiration of the statute of limitations. ## Footnote This applies even if there is confusion of trade names.

Question 63

How must the statute of limitations be raised by a defendant?

Answer 63

As an affirmative defense in a responsive pleading. ## Footnote The defendant does not need to specify the specific statute nor the dates of the alleged conduct.

Question 64

What is laches?

Answer 64

The failure to assert a known right or claim for an unexplained period of time under circumstances prejudicial to the adverse party. ## Footnote It differs from the statute of limitations as it requires more than just the passage of time.

Question 65

What is required for laches to be applicable?

Answer 65

* Awareness of the right or claim by the party against whom laches is raised * Failure to assert the right or claim for an unexplained period * Adverse party must be prejudiced by the delay ## Footnote This can include loss of evidence.

Question 66

Does laches apply to enforcement of legal rights such as spousal support?

Answer 66

No, laches does not apply. ## Footnote It only applies to equitable actions.

Question 67

When does the cause of action accrue in a fraud or undue influence case?

Answer 67

When the fraud or undue influence is discovered or should have been discovered with due diligence. ## Footnote This is specified under § 8.01-249(1).

Question 68

Is laches a defense for claims by the Commonwealth or local government?

Answer 68

No, laches is not a defense in such cases. ## Footnote This was established in City of Manassas v. Bd. of Cnty. Sup’rs.