{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.7.html"}],"law_id":69511,"edition_id":1,"section_id":69511,"structure_id":14469,"section_number":"8.01-195.7","catch_line":"Statute of limitations","history":"1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc. 778, 801; 1992, c. 796; 2016, c. 772.","full_text":"Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action accrues to the claimant the notice of claim required by \u00a7 8.01-195.6 is properly filed. An action may be commenced pursuant to \u00a7 8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to \u00a7 8.01-195.5. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.\n\t\tThe limitations periods prescribed by this section and \u00a7 8.01-195.6 shall be subject to the tolling provision of \u00a7 8.01-229 and the pleading provision of \u00a7 8.01-235. Additionally, claims involving medical malpractice in which the notice required by this section and \u00a7 8.01-195.6 has been given shall be subject to the provisions of \u00a7 8.01-581.9. Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to \u00a7 8.01-195.4.","order_by":null,"text":{"0":{"id":251331,"text":"Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action accrues to the claimant the notice of claim required by \u00a7 8.01-195.6 is properly filed. An action may be commenced pursuant to \u00a7 8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to \u00a7 8.01-195.5. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.\n\t\tThe limitations periods prescribed by this section and \u00a7 8.01-195.6 shall be subject to the tolling provision of \u00a7 8.01-229 and the pleading provision of \u00a7 8.01-235. Additionally, claims involving medical malpractice in which the notice required by this section and \u00a7 8.01-195.6 has been given shall be subject to the provisions of \u00a7 8.01-581.9. Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to \u00a7 8.01-195.4.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14469,"edition_id":1,"name":"Tort Claims Against the Commonwealth of Virginia","identifier":"18.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:14","date_modified":"2026-06-26 03:48:14","permalink":{"id":280153,"object_type":"structure","relational_id":14469,"identifier":"18.1","token":"8.01\/3\/18.1","url":"\/8.01\/3\/18.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86997,"structure_id":14469,"section_number":"8.01-195.1","catch_line":"Short title","url":"\/8.01-195.1\/","token":"8.01\/3\/18.1\/8.01-195.1","metadata":false},{"id":86308,"structure_id":14469,"section_number":"8.01-195.2","catch_line":"Definitions","url":"\/8.01-195.2\/","token":"8.01\/3\/18.1\/8.01-195.2","metadata":false},{"id":56248,"structure_id":14469,"section_number":"8.01-195.3","catch_line":"Commonwealth, transportation district or locality liable for damages in certain cases","url":"\/8.01-195.3\/","token":"8.01\/3\/18.1\/8.01-195.3","metadata":false},{"id":65418,"structure_id":14469,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","url":"\/8.01-195.4\/","token":"8.01\/3\/18.1\/8.01-195.4","metadata":false},{"id":69702,"structure_id":14469,"section_number":"8.01-195.5","catch_line":"Settlement of certain cases","url":"\/8.01-195.5\/","token":"8.01\/3\/18.1\/8.01-195.5","metadata":false},{"id":87294,"structure_id":14469,"section_number":"8.01-195.6","catch_line":"Notice of claim","url":"\/8.01-195.6\/","token":"8.01\/3\/18.1\/8.01-195.6","metadata":false},{"id":69511,"structure_id":14469,"section_number":"8.01-195.7","catch_line":"Statute of limitations","url":"\/8.01-195.7\/","token":"8.01\/3\/18.1\/8.01-195.7","metadata":false},{"id":72570,"structure_id":14469,"section_number":"8.01-195.8","catch_line":"Release of further claims","url":"\/8.01-195.8\/","token":"8.01\/3\/18.1\/8.01-195.8","metadata":false},{"id":55852,"structure_id":14469,"section_number":"8.01-195.9","catch_line":"Claims evaluation program","url":"\/8.01-195.9\/","token":"8.01\/3\/18.1\/8.01-195.9","metadata":false}],"previous_section":{"id":87294,"structure_id":14469,"section_number":"8.01-195.6","catch_line":"Notice of claim","url":"\/8.01-195.6\/","token":"8.01\/3\/18.1\/8.01-195.6","metadata":false},"next_section":{"id":72570,"structure_id":14469,"section_number":"8.01-195.8","catch_line":"Release of further claims","url":"\/8.01-195.8\/","token":"8.01\/3\/18.1\/8.01-195.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.7\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 449 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapters 638 and 698; in 1985, chapter 514; in 1986, chapter 584; in 1988, chapters 778 and 801; in 1992, chapter 796; in 2016, chapter 772<\/a>.<\/p>","references":false,"refers_to":[{"id":65418,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","order_by":null,"url":"\/8.01-195.4\/"},{"id":69702,"section_number":"8.01-195.5","catch_line":"Settlement of certain cases","order_by":null,"url":"\/8.01-195.5\/"},{"id":87294,"section_number":"8.01-195.6","catch_line":"Notice of claim","order_by":null,"url":"\/8.01-195.6\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":74957,"section_number":"8.01-235","catch_line":"Bar of expiration of limitation period raised only as affirmative defense in responsive pleading","order_by":null,"url":"\/8.01-235\/"},{"id":64432,"section_number":"8.01-581.9","catch_line":"Repealed","order_by":null,"url":"\/8.01-581.9\/"}],"permalink":{"id":280179,"object_type":"law","relational_id":69511,"identifier":"8.01-195.7","token":"8.01\/3\/18.1\/8.01-195.7","url":"\/8.01-195.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.7\/","token":"8.01\/3\/18.1\/8.01-195.7","dublin_core":{"Title":"Statute of limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action<\/span> accrues to the claimant the notice of claim required by \u00a7 8.01-195.6<\/a> is properly filed. An action may be commenced pursuant to \u00a7 8.01-195.4<\/a> (i) upon denial of the claim by the Attorney General<\/span> or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to \u00a7 8.01-195.5<\/a>. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action<\/span> accrues.\n\t\tThe limitations periods prescribed by this section and \u00a7 8.01-195.6<\/a> shall be subject to the tolling provision of \u00a7 8.01-229<\/a> and the pleading provision of \u00a7 8.01-235<\/a>. Additionally, claims involving medical malpractice in which the notice required by this section and \u00a7 8.01-195.6<\/a> has been given shall be subject to the provisions of \u00a7 8.01-581.9<\/a>. Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to \u00a7 8.01-195.4<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATUTE OF LIMITATIONS (\u00a7 8.01-195.7)\n\nEvery claim cognizable against the Commonwealth or a transportation district\nunder this article shall be forever barred, unless within one year after the\ncause of action accrues to the claimant the notice of claim required by \u00a7\n8.01-195.6 is properly filed. An action may be commenced pursuant to \u00a7\n8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director\nof the Division of Risk Management or, in the case of a transportation district,\nby the chairman of the commission of that district or (ii) after the expiration\nof six months from the date of filing the notice of claim unless, within that\nperiod, the claim has been compromised and discharged pursuant to \u00a7 8.01-195.5.\nAll claims against the Commonwealth or a transportation district under this\narticle shall be forever barred unless such action is commenced within 18 months\nof the filing of the notice of claim, or within two years after the cause of\naction accrues.\n\t\tThe limitations periods prescribed by this section and \u00a7 8.01-195.6 shall be\nsubject to the tolling provision of \u00a7 8.01-229 and the pleading provision of \u00a7\n8.01-235. Additionally, claims involving medical malpractice in which the notice\nrequired by this section and \u00a7 8.01-195.6 has been given shall be subject to\nthe provisions of \u00a7 8.01-581.9. Notwithstanding the provisions of this section,\nif notice of claim against the Commonwealth was filed prior to July 1, 1984, any\nclaimant so filing shall have two years from the date such notice was filed\nwithin which to commence an action pursuant to \u00a7 8.01-195.4.\n\nHISTORY: 1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc.\n778, 801; 1992, c. 796; 2016, c. 772.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}