Virginia

STATUTE OF LIMITATIONS

Personal Property: 5 Years

Personal Injury: 2 Years

Breach of Contract (Written): 5 Years

Breach of Contract (Oral): 3 Years

Statute of Repose (Real Property): 5 Years

Statute of Repose (Products): N/A

Breach of Warranty (Personal Injury): 2 Years

Breach of Warranty (Property Damage): 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

For claims against State entities, notice required within 1 year of claim’s accrual and suit within 18 months of filing notice

For claims against Counties, Cities or Towns, notice required within 6 months of accrual

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Pure contributory negligence
Plaintiffs cannot recover any damages if they are 1% at fault
Plaintiff’s own negligence will defeat their claim

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $2,500.00

Liable when child under 18 causes willful or malicious destruction to real or personal property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Pure joint and several liability
Each defendant may be held liable for the entire loss 

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Undecided

DEDUCTIBLE REIMBURSEMENT

Pro-Rata

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.