What is the statute of limitations for defamation claims?

The statute of limitations for defamation claims in Virginia is one year. This means that a person who believes that they have been the victim of a defamatory statement has only one year from the date they knew or should have known about the statement to file a lawsuit. This is a statute set forth by the state of Virginia, which is applicable to all civil actions, including defamation. The statute of limitations for defamation claims is designed to protect defendants, since memories tend to fade over time, evidence may become more difficult to procure, and witnesses may become less available. Additionally, the statute helps to ensure that the courts are not inundated with cases that are too old to be tried fairly and objectively. In some circumstances, however, a plaintiff may be able to obtain an extension of the statute of limitations. This could include cases in which a defendant has made the defamatory statement intentionally and/or with malice, or if the plaintiff was a minor or mentally incapacitated at the time of the statement. Additionally, the one-year period for filing a defamation claim can be “tolled,” or suspended, in some cases. However, these extensions are typically rare and require the court’s approval. In Virginia, anyone who believes that they have been the victim of a defamatory statement should be sure to file their claim within one year, or risk being barred from recovering damages.

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What is the statute of limitations for defamation claims?

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