§ 8.01-230.Accrual of right of action.
Chapter 4. Limitations of Actions · Article 1. In General · Last amended 1996 · Last verified July 16, 2026
Full Text of § 8.01-230
Plain-English Summary
Section 8.01-230 answers a question that decides more limitations disputes than any single time period does: when does the clock start? For personal injury and property damage claims, the answer is the date the injury is sustained, not the date the injured party discovers it or realizes it is actionable. For breach of contract, the clock starts the moment the breach occurs, again regardless of when the resulting damage becomes apparent.
That injury-date rule is a deliberate rejection of a discovery-based approach for most tort and contract claims. Virginia could have chosen to start the clock when a reasonable person would have learned of the harm, but this section chooses certainty and an earlier start date instead, which shifts real risk onto plaintiffs whose injuries are slow to surface.
The section builds in its own exceptions, though, and they matter as much as the rule. Claims seeking solely equitable relief are not covered here. Nor are claims where § 8.01-233, subsection C of § 8.01-245, § 8.01-249, or § 8.01-250 (or some other statute) supplies its own accrual test — and § 8.01-249 in particular lists a whole set of claims, from fraud to asbestos exposure to certain products liability actions, where discovery, not injury, starts the clock. Reading this section together with those named exceptions is the only way to know, for any given claim, which accrual rule governs.
Frequently Asked Questions
When does the statute of limitations start running for a personal injury claim in Virginia?
Under Section 8.01-230, the limitation period begins on the date the injury is sustained, not the date the injured person discovers the injury or its cause.
When does the clock start for a breach of contract claim?
It starts when the breach occurs, according to Section 8.01-230, regardless of when the resulting damage is discovered.
Are there claims where Virginia uses a discovery rule instead of an injury date?
Does Section 8.01-230 apply to claims for equitable relief?
No. The section states that its injury-date and breach-date accrual rule does not apply where the relief sought is solely equitable.
If someone doesn’t realize they were injured until years later, does the limitation period still run from the date of injury?
Under the general rule in Section 8.01-230, yes — the period runs from when the injury was sustained, not when it was discovered, unless the claim falls within one of the section’s named exceptions.
Amendment History
1977, c. 617; 1996, c. 328.