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Shapiro & Appleton

Statute of Limitations in Virginia for a Brain Injury Lawsuit

A head injury is one of the most serious and complex types of cases our firm handles. Why? Because the side effects of a head wound can be subtle, but devastating. The real pain may not be evident upon first glance. For example, some brain injury victims appear perfectly normal, but have lost their short-term memory or may have reduced motor skills like the ability to speak or move your arms or legs fluidly.   

The law focused on traumatic brain injuries, if found to be proximately caused by the negligence of another party, is found in §8.01-243 of the Code of Virginia.

When considering whether to file a personal injury claim based upon brain damage, remember that you have only two years from the date the action accrues (i.e. the date you or your loved one got hurt). However, for infants, the statute of limitations for bringing a claim is five years after the accident happened. This difference in time is due to the delay in time it may take to realize that there has been a brain injury that was not readily identifiable at the time of birth, according to Va. Code Ann. §8.01-243.

Due to the complexity of these types of cases, it is important to seek legal counsel as soon as possible. It is far better to allow an attorney to assess your situation early on rather than have a statute barring a chance to seek a recovery. 

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