                                 CODE OF VIRGINIA

STATUTE OF LIMITATIONS (§ 8.01-195.7)

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 §
8.01-195.6 is properly filed. An action may be commenced pursuant to §
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 § 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.
		The limitations periods prescribed by this section and § 8.01-195.6 shall be
subject to the tolling provision of § 8.01-229 and the pleading provision of §
8.01-235. Additionally, claims involving medical malpractice in which the notice
required by this section and § 8.01-195.6 has been given shall be subject to
the provisions of § 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 § 8.01-195.4.

HISTORY: 1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc.
778, 801; 1992, c. 796; 2016, c. 772.