Virginia’s Statute of Limitations for Personal Injury Claims

The Virginia statute of limitations for personal injury claims allows an injured party two years from the date of an accident to file a lawsuit in most cases. If the victim fails to take legal action within that period, they may lose their right to seek compensation for their injuries and other losses in court.

The statute of limitations is a rule that dictates a strict deadline for filing a personal injury lawsuit in Virginia. If you or a loved one suffered injuries due to someone else’s negligence or wrongdoing, it’s essential to know how this time limit applies to your case and take action before it’s too late.

Why Does Virginia Have a Statute of Limitations?

The statute of limitations serves several purposes:

• It encourages injury victims to file claims promptly while evidence is fresh and witnesses are available.
• It protects defendants from the indefinite threat of lawsuits hanging over their heads.
• It keeps the legal system moving by preventing old, stale claims from clogging up the courts.

While the statute of limitations may seem arbitrary, it helps ensure that personal injury cases are resolved fairly and efficiently.

Are There Any Exceptions to the Statute of Limitations in Virginia?

Yes. In some situations, the two-year statute of limitations may be extended, or “tolled.” Tolling may apply when:

• The injury victim is a minor at the time of the incident. In these cases, the two-year clock won’t start running until the child turns 18.
• The accident victim is mentally incapacitated. The statute of limitations may be tolled until the person regains their mental capacity.
• The at-fault party (called the defendant) committed fraud. This could happen if they conceal their involvement in causing the incident.

However, these exceptions are relatively rare, and it’s always best to consult with a knowledgeable Virginia personal injury attorney to discover how the statute of limitations relates to your specific case.

How Is the Statute of Limitations Determined?

Determining the correct limitations period for your case is critical, as going by the wrong date could cause you to miss the deadline and forfeit your right to compensation.

The first step toward ensuring you understand how the statute of limitations applies to your case is to identify which type of personal injury action your claim falls under. A different limitations period will apply to different types of claims, such as:

Motor vehicle accidents	2 years from the accident date
Child injuries	2 years from the victim’s 18th birthday
Medical malpractice	Anywhere from 1 to 10 years
Workers’ compensation	2 to 5 years, depending on the condition you are diagnosed with
Claims against a government entity	6 months to file a written notice of claim against a local government, or 1 year for claims against the state government

Differing deadlines can lead to confusion, which is why it is essential to consult with a knowledgeable Virginia personal injury attorney as soon as possible. They can identify what type of claim you should file and help you understand how much time you have to take legal action.

What Is Meant by “Tolling” the Statute of Limitations?

“Tolling” refers to pausing or delaying the running of the statute of limitations under certain circumstances. The tolling of the statute of limitations can effectively extend the deadline for filing a lawsuit. In Virginia, several situations may toll the statute of limitations, including cases with victims who are minors or mentally incapacitated or when injuries aren’t discovered right away. Understanding tolling can be complex. Consulting with a Virginia personal injury attorney as early as possible can help determine how tolling might apply to your case.

What Is Considered Initiating a Case Before the Deadline?

To meet the deadline set by the statute of limitations, you must formally begin your lawsuit before the deadline expires. In Virginia, this typically means:

• Filing a complaint with the appropriate court
• Paying the required filing fees
• Serving the defendant with a copy of the complaint and a summons

Simply notifying the defendant or their insurance company of your intent to sue does not satisfy the statute of limitations. Neither does negotiating with claim adjusters. You must file your lawsuit with the court before the deadline, even if you are still in settlement talks.

Remember, preparing a strong case takes time. We advise contacting an attorney well before the deadline to ensure your lawsuit is filed correctly and on time.

What Are the Different Types of Accidents and Injuries Covered Under Virginia’s Statute of Limitations?

Virginia’s two-year statute of limitations applies to a wide range of personal injury cases, including:

• Car accidents – Injuries resulting from collisions involving cars, trucks, motorcycles, or pedestrians
• Slip and fall incidents – Injuries occurring on someone else’s property due to dangerous conditions
• Dog bites – Injuries caused by animal attacks
• Product liability – Harm caused by defective or dangerous products
• Workplace accidents – Injuries sustained on the job, though these may also fall under workers’ compensation laws
• Medical malpractice – Injuries resulting from healthcare provider negligence
• Assault and battery – Intentional acts causing physical harm

Note that the type of accident or injury can affect more than just the statute of limitations. Each case type may have unique laws, evidence requirements, and potential defenses. An experienced Virginia personal injury lawyer can help you understand how these different factors apply to your specific situation and guide you through the legal process.

Are There Different Deadlines for Medical Malpractice?

In most cases, the limitations period for filing a medical malpractice lawsuit is the same as most other personal injury claims: two years. However, medical malpractice deadlines may differ from other types of claims in the following ways:

• Foreign object – If a patient discovers that a foreign object was left in their body, the deadline to file a lawsuit is one year from the date that the object was or reasonably should have been discovered.
• Discovery – When the injury was not discovered within the two-year limitations period due to fraud, concealment, or intentional misrepresentation, the deadline is one year from the date the injury was or reasonably should have been discovered.
• Cancer – When a case involves the negligent failure to diagnose cancer, including a malignant tumor, the limitations period is one year from the date the patient receives the cancer diagnosis from a healthcare provider.

In any case, the deadline cannot extend beyond 10 years from the date when the cause of action happens. If you are unsure about which deadline will apply in your specific circumstances, speak with a knowledgeable Virginia medical malpractice attorney as soon as possible. They can help you understand your rights and the timeframe within which you must build and file a solid claim.

What Is the Statute of Limitations for Wrongful Death in Virginia?

In the event that someone loses their life due to another party’s wrongdoing, the Virginia statute of limitations requires the claimant to file a lawsuit within two years. The limitations period begins from the date of the decedent’s death rather than from the date of the accident leading to their death.

What if My Claim is Against the Government?

If your personal injury claim is against a government entity like a state agency or municipality, you have even less time to take action. Virginia personal injury law says you must provide written notice of your claim within one year of the incident and then file your lawsuit within two years for claims against the state government. You have two years to give notice for claims against the U.S. government. In the case of a claim against your local government, you have only six months to provide written notice of claim.

Failing to meet these strict requirements can result in your lawsuit being barred, so it’s crucial to work with an experienced Virginia personal injury lawyer who understands the unique procedures involved in suing government entities.

What Happens if I Do Not File My Lawsuit Before the Statute of Limitations Expires?

If you wait to file your personal injury lawsuit until after the statute of limitations deadline expires, the court will probably dismiss your case without a hearing, and you’ll forfeit your right to pursue compensation. This is true even if you have a strong case and have been negotiating with the insurance company for a fair settlement.

The statute of limitations applies to a wide range of Virginia personal injury cases. Whether you’ve been injured in a car accident, dog bite incident, or due to medical malpractice, the two-year time limit still applies. Contact our Roanoke car accident lawyer today.

However, some types of cases, such as medical malpractice claims, may have additional requirements, like providing notice to healthcare providers before filing a lawsuit.

With so many deadlines to manage, it’s crucial to consult a Virginia personal injury attorney after an accident or injury as soon as possible. An experienced lawyer can help collect evidence to support your claim and ensure your lawsuit is filed long before the limitations period expires.

Does My Lawsuit Have to Be Resolved Within Two Years?

No. The statute of limitations only requires that you file your lawsuit within two years of the incident. Once your personal injury case is filed, it can take several months or even years to resolve. The length of time depends on your case’s complexity and whether it goes to trial.

However, pursuing your claim as efficiently as possible is generally in your best interest. The longer your case drags on, the more stressful and costly it can become. A skilled Virginia personal injury lawyer can help you through the legal process and work toward a fair and timely resolution of your claim. Get in touch with our Roanoke personal injury lawyer now.

What is the Best Way to Ensure I Do Not Miss the Filing Deadline?

The best way to protect your legal rights and ensure you don’t miss the statute of limitations deadline is to contact a Virginia personal injury attorney immediately after your injury. An experienced lawyer can:

• Evaluate your case and talk with you about your legal options
• Investigate your accident and gather evidence to support your claim
• Handle all communication with the insurance company and work to negotiate a fair settlement
• File your lawsuit before the statute of limitations expires
• Represent you in court if necessary

Don’t wait until the last minute to seek legal help. The sooner you contact a Virginia personal injury lawyer, the better your chances of obtaining the compensation you need and deserve.

Contact Our Virginia Personal Injury Attorneys

If you or a loved one has suffered injuries due to someone else’s negligence or wrongdoing, the clock is ticking on your time to take legal action. At Lichtenstein Law Group PLC, our dedicated Virginia personal injury attorneys have the knowledge, skills, and resources to fight for maximum compensation and the justice you deserve.

We understand the physical, emotional, and financial toll that a severe injury can take on you and your family. Let us help you demand compensation for your medical expenses, lost wages, and other losses. We offer personalized attention, compassionate guidance, and aggressive advocacy for our clients. You can count on us to stand by you throughout the claims process.

Don’t let the statute of limitations expire on your personal injury claim. Reach out to Lichtenstein Law Group PLC today for a free consultation with an experienced personal injury lawyer. We’ll review your case, explain your legal options, and help you decide how to proceed. Call or contact us now to get started.