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Virginia · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in Virginia

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Filing deadline2 years from the date of injury, with narrow discovery exceptions; 10-year repose; total recovery cap appliesVa. Code § 8.01-581.15

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Virginia?

Va. Code § 8.01-243: 2-year SOL from the date of injury, with narrow discovery exceptions (§ 8.01-243(C)), which cannot extend the period beyond 10 years. Minors: 2 years from the last act, but a child under 8 at the time of the malpractice has until the 10th birthday (§ 8.01-243.1). A lawyer can confirm yours.

2 years from the date of injury, with narrow discovery exceptions; 10-year repose; total recovery cap applies

Source: Va. Code § 8.01-581.15

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Cases from Virginia can be heard in Virginia Beach Circuit Court. A lawyer can tell you which court fits your case.

Virginia Beach Circuit Court

2425 Nimmo Pkwy, Virginia Beach, VA 23456

Court website

Medical facilities in Virginia

  • Inova Fairfax Medical Campus — Level I Trauma Center

  • VCU Medical Center — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Va. Code § 8.01-581.15