2006 Code of Virginia § 8.01-195.7 - Statute of limitations

8.01-195.7. Statute of limitations.

Every claim cognizable against the Commonwealth or a transportation districtunder this article shall be forever barred, unless within one year after thecause 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 theDirector of the Division of Risk Management or, in the case of atransportation district, by the chairman of the commission of that districtor (ii) after the expiration of six months from the date of filing the noticeof claim unless, within that period, the claim has been compromised anddischarged pursuant to 8.01-195.5. All claims against the Commonwealth or atransportation district under this article shall be forever barred unlesssuch action is commenced within eighteen months of the filing of the noticeof claim.

The limitations periods prescribed by this section and 8.01-195.6 shall besubject to the tolling provision of 8.01-229 and the pleading provision of 8.01-235. Additionally, claims involving medical malpractice in which thenotice required by this section and 8.01-195.6 has been given shall besubject to the provisions of 8.01-581.9. Notwithstanding the provisions ofthis section, if notice of claim against the Commonwealth was filed prior toJuly 1, 1984, any claimant so filing shall have two years from the date suchnotice was filed within which to commence an action pursuant to 8.01-195.4.

(1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc. 778,801; 1992, c. 796.)