The cause of action in the actions herein listed shall be deemed to accrue as follows:
§ 8.01-249.When cause of action shall be deemed to accrue in certain personal actions.
Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 2026 · Last verified July 16, 2026
In one sentenceSection 8.01-249 lists nine categories of personal actions — fraud, bank deposits, malicious prosecution, asbestos and latent-injury exposure, contribution and indemnification, sexual abuse, breast implants, open accounts, and medical device injuries — that accrue under their own discovery-based or event-based triggers instead of Virginia’s default injury-date accrual rule.
Full Text of § 8.01-249
1. In actions for fraud or mistake, in actions for violations of the Consumer Protection Act (§ 59.1-196 et seq.) based upon any misrepresentation, deception, or fraud, and in actions for rescission of contract for undue influence, when such fraud, mistake, misrepresentation, deception, or undue influence is discovered or by the exercise of due diligence reasonably should have been discovered;
2. In actions or other proceedings for money on deposit with a bank or any person or corporation doing a banking business, when a request in writing be made therefor by check, order, or otherwise;
3. In actions for malicious prosecution or abuse of process, when the relevant criminal or civil action is terminated;
4. In actions for injury to the person resulting from exposure to asbestos or products containing asbestos, when a diagnosis of asbestosis, interstitial fibrosis, mesothelioma, or other disabling asbestos-related injury or disease is first communicated to the person or his agent by a physician. However, no such action may be brought more than two years after the death of such person. The diagnosis of a nonmalignant asbestos-related injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant asbestos-related injury or disease, and such subsequent diagnosis shall constitute a separate injury that shall accrue an action when such diagnosis is first communicated to the person or his agent by a physician;
4a. In actions for injury to the person resulting from the exposure to a substance or a combination of substances or the use of a product, when such injury is latent, other than (i) those asbestos-related injuries specified in subdivision 4 and (ii) claims against health care providers as defined in § 8.01-581.1, when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product. However, no such action may be brought more than two years after the death of such person. For purposes of this subdivision, "latent" refers to injuries that remain dormant or do not develop and, therefore, are undiagnosable during the period of limitations set forth in subsection A of § 8.01-243;
6. In actions for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person, upon the later of (i) the removal of the disability of infancy or incapacity as
provided in § 8.01-229; (ii) when the fact of the injury and its causal connection to the sexual abuse is first communicated to the person by a licensed physician, psychologist, or clinical psychologist; or (iii) when corroborative evidence is discovered or by the exercise of due diligence reasonably should have been discovered. As used in this subdivision, "corroborative evidence" means independent evidence to support some essential allegation or issue of such injury, including (a) physical evidence, including biological samples, as defined in § 59.1-593, scientifically reliable test results, or records or other forms of data compilation however stored and regardless of physical form or characteristics, including business records, recordings, or photographs; (b) witness statements regarding an essential allegation or issue or alleging that the individual or entity against whom such action may be brought committed another act of the same or similar character; or (c) a confession or admission of the individual or entity against whom such action may be brought, and "sexual abuse" means sexual abuse as defined in subdivision 6 of § 18.2-67.10 and acts constituting rape, sodomy, object sexual penetration or sexual battery as defined in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. Any action brought against an entity under clause (iii) shall only be for a cause of action occurring on or after July 1, 2026;
7. In products liability actions against parties other than health care providers as defined in § 8.01-581.1 for injury to the person resulting from or arising as a result of the implantation of any prosthetic device for breast augmentation or reconstruction, when the fact of the injury and its causal connection to the implantation is first communicated to the person by a physician;
8. In actions on an open account, from the later of the last payment or last charge for goods or services rendered on the account;
9. In products liability actions against parties other than health care providers as defined in § 8.01-581.1 for injury to the person resulting from or arising as a result of the implantation of any medical device, when the person knew or should have known of the injury and its causal connection to the device.
Plain-English Summary
Section 8.01-249 is the master list of accrual exceptions that § 8.01-230 points to when it says accrual runs from something other than the date of injury. Fraud, mistake, Consumer Protection Act violations based on misrepresentation, and rescission claims for undue influence all accrue when the wrongdoing is discovered or reasonably should have been discovered. Bank deposit claims accrue when a written request for the funds is made. Malicious prosecution and abuse of process claims accrue when the underlying criminal or civil proceeding terminates.
Several subdivisions address exposure-based injuries that can take years to surface. Asbestos-related claims accrue when a qualifying diagnosis is first communicated by a physician, with a separate accrual for a later malignant diagnosis following an earlier nonmalignant one, and an outer limit of two years after death. A parallel rule in subdivision 4a covers other latent injuries from substances or products — excluding asbestos claims and health care provider claims — accruing when the person knew or should have known of the injury and its cause, also capped at two years after death. Contribution and indemnification claims accrue when the party seeking reimbursement has paid or discharged the underlying obligation, though a timely third-party claim can be asserted earlier.
The remaining subdivisions cover sexual abuse during infancy or incapacity, which accrues at the latest of three triggers — removal of the disability, a licensed professional first communicating the causal connection, or discovery of corroborative evidence, with detailed definitions of both terms; breast-implant products liability claims, accruing when the causal connection is first communicated by a physician; open account claims, accruing from the later of the last payment or last charge; and non-health-care-provider medical device products liability claims, accruing when the person knew or should have known of the injury and its cause.
Frequently Asked Questions
When does a fraud claim accrue in Virginia?
When the fraud, mistake, misrepresentation, deception, or undue influence is discovered, or by the exercise of due diligence reasonably should have been discovered, under Section 8.01-249(1).
When does a malicious prosecution claim accrue?
When the relevant criminal or civil action is terminated, under subdivision 3.
How does an asbestos-exposure claim accrue under this section?
When a diagnosis of asbestosis, interstitial fibrosis, mesothelioma, or other disabling asbestos-related injury or disease is first communicated to the person or his agent by a physician, though no such action may be brought more than two years after the person’s death, and a later malignant diagnosis accrues as a separate injury under subdivision 4.
When does a contribution or indemnification claim accrue?
When the party seeking contribution or indemnification has paid or discharged the underlying obligation, under subdivision 5, though a third-party claim permitted under § 8.01-281 may be asserted before that point.
When does a claim for sexual abuse occurring during infancy or incapacity accrue?
At the latest of three triggers described in subdivision 6: removal of the disability of infancy or incapacity, first communication of the causal connection by a licensed physician or psychologist, or discovery of corroborative evidence of the injury.
Amendment History
Code 1950, §§ 8-13, 8-14; 1964, c. 219; 1966, c. 118; 1977, c. 617; 1985, c. 459; 1986, c. 601; 1991, c. 674; 1992, c. 817; 1993, c. 523; 1995, c. 268; 1997, cc. 565, 801; 2005, c. 213; 2013, c. 292; 2016, c. 353; 2020, cc. 99, 180; 2021, Sp. Sess. I, c. 195; 2026, cc. 251, 252.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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