7813818.01-195.7Virginia Decodedhttps://vacode.org2016Civil Remedies And ProcedureActionsTort Claims Against The Commonwealth Of VirginiaStatute of limitations1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc. 778, 801; 1992, c. 796; 2016, c. 772.Ogunde v. Commonwealth0502122006-04-21https://www.courtlistener.com/opinion/1058827/ogunde-v-commonwealth/ . . . . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Bing v. Haywood1022702012-03-02https://www.courtlistener.com/opinion/1057933/bing-v-haywood/ . . . Claims Act's . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/8.01-195.7/8.01-195.4Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality/8.01-195.4/8.01-195.5Settlement of certain cases/8.01-195.5/8.01-195.6Notice of claim/8.01-195.6/8.01-229Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits/8.01-229/8.01-235Bar of expiration of limitation period raised only as affirmative defense in responsive pleading/8.01-235/8.01-581.9Repealed/8.01-581.9//8.01-195.7/8.01/3/18.1/8.01-195.7Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause 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 the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to § 8.01-195.5. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.The limitations periods prescribed by this section and § 8.01-195.6 shall be subject to the tolling provision of § 8.01-229 and the pleading provision of § 8.01-235. Additionally, claims involving medical malpractice in which the notice required by this section and § 8.01-195.6 has been given shall be subject to the provisions of § 8.01-581.9. Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to § 8.01-195.4.section1