Statutes of Limitation

Question 1

Statute of Limitations

Answer 1

General rule is that the statute starts to run from “accrual” of the cause of action. The Virginia statute runs from the date of injury or breach.

Question 2

Exceptions to the SOL Rule

Answer 2

There are exceptions to the general rule:
1. For fraud, mistake, undue influence, the cause of action accrues when the plaintiff discovered the harm
2. For malicious prosecution, the cause of action accrues when the underlying case ends.
3. For contribution claims, the cause of action accrues when one pays more than her fair share.
4. There is a special rule for malpractice through continuous treatment/service.

Question 3

The SOL Periods: Personal Injuries

Answer 3

2 years

Question 4

The SOL Periods: Nonphysical personal torts

Answer 4

2 years

Question 5

The SOL Periods: Defamation

Answer 5

1 year

Question 6

The SOL Periods: Property Damage

Answer 6

5 years

Question 7

The SOL Periods: Property Damage for Sales Covered by UCC

Answer 7

4 Years

Question 8

The SOL Periods: Fraud

Answer 8

2 years

Question 9

The SOL Periods: Wrongful Death

Answer 9

2 years from death.

But the claim is barred if decedent was injured more than 2 years before his death and died from those injuries without ever bringing suit.

Question 10

The SOL Periods: Written Contracts

Answer 10

5 Years

Question 11

The SOL Periods: Unwritten Contracts

Answer 11

3 years

Question 12

Borrowing Statute

Answer 12

When the law of another state or country applies to the contract, Virginia has a “borrowing statute” that requires the application of the shortest limitation period.

Question 13

The SOL Periods: Unlawful detainer

Answer 13

3 Years

Question 14

How does a defendant raise the statute of limitations defense?

Answer 14

By Special plea

Question 15

Who bears the burden of proof concerning the statute of limitations?

Answer 15

The defendant.

Question 16

Tolling the Statute

Answer 16

To “toll” the statute means to stop it from running

Question 17

Filing Stops Statute

Answer 17

Remember, you must file the case (NOT serve process) before the statute runs.

In other words, filing tolls the statute.

Question 18

Fictitious (“Doe”) Defendants

Answer 18

A case may be brought against an unknown owner or operator of a motor vehicle as “Doe” and the statute of limitations will be tolled for 3 years to give the plaintiff a chance to discover that defendant’s identity.

Question 19

Counterclaims and Crossclaims

Answer 19

The plaintiff’s filing the case tolls the statute for his own claim and for counterclaims and crossclaims that arise from the same transaction or occurrence as the plaintiff’s claims.

Question 20

Impleader

Answer 20

If plaintiff files the case within 30 days of the expiration of the statute of limitations, defendant may implead up to 60 days past the statute’s expiration.