Virginia · Medical Malpractice
Virginia medical malpractice damage caps and statute of limitations
Refreshed 2026. $2,700,000 (2026) damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
VA Code § 8.01-581.15Non-economic damages cap
None
Total damages cap
$2,700,000 (2026)
Status
active
Notes
Total damages cap (including economic and noneconomic). Increases $50,000/year: $2,750,000 (July 2026), $2,800,000 (July 2027), ... $3,000,000 by 2031. Applies to all damages combined. One of the only states capping total/economic damages.
Statute of limitations
VA Code § 8.01-243.1Standard SOL
2 years from act or omission
Discovery rule
Limited; may extend SOL in cases of fraud, concealment, or foreign objects. No general discovery rule.
Statute of repose
10 years from act or omission
Minor exception
For children under 8: SOL extended until child's 10th birthday. For minors 8+: standard tolling during minority.
Wrongful death SOL
2 years from date of death
Notes
Continuing treatment doctrine may toll SOL. Expert certification required with complaint.
Beyond the lookup: Virginia venue intelligence
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Virginia med-mal FAQ
What is the medical malpractice statute of limitations in Virginia?+
2 years from act or omission. Limited; may extend SOL in cases of fraud, concealment, or foreign objects. No general discovery rule. Statute of repose: 10 years from act or omission. Wrongful death: 2 years from date of death. Continuing treatment doctrine may toll SOL. Expert certification required with complaint. Source: VA Code § 8.01-243.1.
Does Virginia have a medical malpractice damage cap?+
Total damages cap: $2,700,000 (2026). Total damages cap (including economic and noneconomic). Increases $50,000/year: $2,750,000 (July 2026), $2,800,000 (July 2027), ... $3,000,000 by 2031. Applies to all damages combined. One of the only states capping total/economic damages. Source: VA Code § 8.01-581.15.
How does Virginia handle the discovery rule in med-mal cases?+
Limited; may extend SOL in cases of fraud, concealment, or foreign objects. No general discovery rule.
What is the Virginia minor exception for medical malpractice?+
For children under 8: SOL extended until child's 10th birthday. For minors 8+: standard tolling during minority.
What is the wrongful death statute of limitations for Virginia medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Virginia damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Virginia attorney before relying on a deadline. Data refreshed May 2026.