A person's life may be significantly affected by personal injuries, which can result in expensive medical care, suffering, and other losses. As in other jurisdictions, Virginia has a statute of limitations that must be followed if you want to file a personal injury claim and pursue damages for your injuries. Knowing these deadlines is essential since failing to file within the allotted time may result in you losing the ability to pursue a claim.
1. Virginia's Personal Injury Statute of Limitations
Of course, the following article discusses Virginia's statute of limitations for personal injury claims:
Understanding Virginia's Personal Injury Statute of Limitations
A person's life may be significantly affected by personal injuries, which can result in expensive medical
care, suffering, and other losses. As in other jurisdictions, Virginia has a statute of limitations that must
be followed if you want to file a personal injury claim and pursue damages for your injuries. Knowing
these deadlines is essential since failing to file within the allotted time may result in you losing the ability
to pursue a claim.
The time restriction for filing a personal injury lawsuit in Virginia is in most cases two years. In other
words, you have two years to file a case from the date of the accident or the day you should have
reasonably found your injury. The court will probably dismiss your case if you don't file your lawsuit by
the deadline, which will prevent you from using the legal system to obtain compensation for your
injuries.
Discernment Law
When establishing the beginning of the personal injury statute of limitations in Virginia, the "discovery
rule" is used. According to this rule, the injury must be discovered or should have been detected with
due diligence before the statute of limitations can start to run. As a result, if you weren't immediately
aware of the severity of your injuries. The two-year period may not commence until the day you were
aware of or should have become aware of its connection to the negligent acts of another person.
The Two-Year Rule Exemptions
There are some circumstances that can either shorten or lengthen Virginia's usual two-year statute of
limitations on personal injury claims:
Medical Malpractice: The statute of limitations for medical malpractice claims is typically two years,
with a five-year maximum from the date of the claimed negligence. This means that even if you weren't
aware of the medical mistake until much later, you usually cannot make a claim more than five years
after the claimed malpractice occurred.
Disputes with Governmental Special rules apply if an injury claim is made against a government agency
or employee. Within six months of the injury, you might be obliged to give notice of your claim. There
are sometimes shorter deadlines for launching a case.
Minors: The statute of limitations is often tolled (paused) until a person becomes 18 if they were a
minor (under the age of 18) at the time of the harm. This indicates that individuals usually have until the
age of 20 to submit a personal injury case.
Consult a lawyer
It can be challenging to navigate the statute of limitations and other legal facets of a personal injury
case. If you think you have a strong Virginia personal injury case, it's critical to speak with an expert
attorney. Claim. In order to safeguard your legal interests, an attorney can assist you understand your
2. rights, evaluate your case, and make sure you adhere to all deadlines. Don't delay; consult a lawyer as
soon as you can after suffering an injury to give yourself the best chance of obtaining compensation.
Our lawyers at The Law Offices of SRIS, P.C. are experienced in guiding clients with solutions to their
legal problems. Clients come to us with different issues pertaining to different aspects of the law such as
criminal law, family law, traffic law, personal injury, immigration issues, and bankruptcy. Our highly
qualified attorneys provide valuable guidance on how to proceed. We are here to help you and we will
do our best to get you the best result possible based on the facts of your case.
If you have any legal questions, visit our group of SRIS lawyers. Please contact us 888-437-7747.