A statute of limitations is a rule that restricts the period of time during which someone can file a lawsuit. Statutes of limitations vary by state across the U.S., and they also vary in length according to the cause of action/reason for the lawsuit. Visit: http://www.hmrwlaw.com today for more information.
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Statute of Limitations in Virginia
1. Statute of Limitations in Virginia
A statute of limitations is a rule that restricts the period of time during which someone can file a
lawsuit. Statutes of limitations vary by state across the U.S., and they also vary in length
according to the cause of action/reason for the lawsuit. The statutes of limitations in the state of
Virginia are as follows:
Personal Injury: Two years from the date of the injury.
Wrongful Death: Two years from the date of the death.
Medical Malpractice: Lawsuits against healthcare providers must be filed within two years of
the date that the action that caused the injury occurred. In the case of minors under the age of 8,
the suit may be filed up until the childโs 10th
birthday. In the case of minors 8 and older, the suit
must be filed within two years of the date that the act giving rise to the injury occurred.
Medical Malpractice Lawsuits Based on the Insertion of a Foreign Object: A lawsuit must
be filed within one year from the date that the object was discovered. Under no circumstances
may a suit be filed more than 10 years from the date that the object was actually inserted.
Products Liability: Products liability lawsuits must be filed within two years of the time that the
plaintiff suffered the injury due to the product.
The complicated aspect of statutes of limitations is that there are some exceptions to the rules.
For example, an exception occurs in all statutes when the plaintiff is a minor. In most cases, the
statute will run out when the minor reaches his or her 18th
birthday. Another important aspect to
keep in mind is that state laws are not stagnant; in fact, they can and do change quite frequently.
For example, in 2011, a Virginia bill extended the amount of time a sexual abuse victim may file
a lawsuit against his or her attacker from two years to 20 years. The time limit begins when the
victim turns 18 years of age, or, in the case of repressed memories, when the victim begins to
remember the events.
Because statutes of limitations have exceptions, and frequently change, it is important to hire a
lawyer to assist you with your lawsuit. Particularly in the case of personal injury, when the
plaintiff has only two years to file a lawsuit, an experienced personal injury attorney should be
consulted. The lawyers at Howard, Morrison, Ross and Whelan are skilled experts at
understanding and navigating Virginia laws and statutes of limitations. Visit:
http://www.hmrwlaw.com today for more information.