Brain Injury Lawyer Virginia Beach
If you or a loved one suffered from a traumatic brain injury (TBI) in an accident, how long do you have to file a brain injury claim?
We recently handled a claim like this in which our clients were rear-ended at a red light in Virginia Beach. The mother and father suffered from a range of back and neck injuries, and both of their young daughters experienced traumatic brain injuries (TBIs).
It’s hard to fathom going through an accident like this. The family was understandably devastated, but fortunately, they contacted us in time so we could help them get the compensation they needed to recover.
Our Virginia Beach brain injury attorneys have extensive experience handling TBI cases in our state. At Shapiro, Washburn, & Sharp, we are dedicated to guiding victims and their families through the legal maze so that recovering their damages is as straightforward as possible. Call us today at 833-997-1774 for a free consultation.
What Is the Statute of Limitations?
The statute of limitations is a law that sets the maximum amount of time someone can wait before filing a lawsuit, any type of lawsuit. Once this period expires, the legal claim is no longer valid in most cases, and the victim’s right to seek compensation through this type of claim is lost.
State law establishes these time limits to encourage the timely pursuit of claims, help preserve evidence, and treat all parties fairly. Without such a deadline, people could file lawsuits decades after an accident, making it difficult—if not nearly impossible—to gather accurate evidence. Witnesses’ memories fade over time, and physical evidence can be lost or destroyed.
This could also be seen as unfair for defendants, who could be sued for something that happened decades ago. This would make it difficult for businesses, insurance companies, and individuals to plan for the future and for defendants to mount a proper defense. Lawsuits would flood the courts with cases that should have been resolved much earlier, slowing the judicial system and delaying justice for current claims.
So, statutes of limitation laws help ensure fairness and the proper use of legal resources. It’s important to check with your personal injury lawyer, as every state has its own statute of limitations for different types of legal claims.
What Is the Statute of Limitations for Traumatic Brain Injury Claims in Virginia?
According to Virginia Code 8.01-243, the general statute of limitations for personal injury cases—including TBIs—is two years from the date of the injury. That means that a person who suffers a TBI due to someone else’s negligence has two years from the day that injury occurred to file a legal claim, or they may forfeit their right to seek compensation.
There are exceptions to this two-year rule, outlined below.
Minors (Injured Children)
If the victim of the TBI was under 18 at the time (as was the case in the incident mentioned at the beginning of this article), the statute of limitations doesn’t start until that child’s 18th birthday. Therefore, the victim has until their 20th birthday to file a claim. However, it’s always best to file as quickly as possible, which we’ll explain below.
Mental Incapacity
An injury like a TBI can affect a person’s ability to think clearly, which means that some victims may be unable to understand their legal rights. In such a case, that person may have more time to recover before filing a claim. The statute of limitations may be paused until they regain legal capacity or until a legal guardian is appointed to them.
Wrongful Death Claims
If the TBI led to the victim’s death, the family may be able to file a wrongful death claim. The statute of limitations for this type of claim in Virginia is two years from the date of death, not from the date of the injury.
Why Should I File My Claim As Soon as Possible?
You may have two years to file your claim, but it’s best to file it as soon as possible. Waiting too long can make it harder for you to receive the compensation you deserve.
Preserving Evidence
Evidence proving your side of the case can become damaged or even disappear over time. The sooner your attorney starts investigating your case, the better, as then they’ll have a better chance of securing all the crucial evidence needed to build a strong argument in your favor.
Avoiding Insurance Pitfalls
Insurance companies prioritize their profits. That means they may offer you as little as possible to resolve your case. If you have a knowledgeable and experienced attorney on your side, they can negotiate with the insurance company for you, increasing your chances of a fair settlement.
Understanding Complex Legal Rules
TBI cases, by their very nature, are complex, particularly if you have exceptions involved for mental incapacity or minor status. Getting an attorney on your side immediately can help ensure the process runs as smoothly as possible.
Assessing Long-Term Damages
It’s common for brain injuries to create long-term consequences that may not be immediately apparent. An attorney will ensure that all current and future medical costs, lost earnings, and other damages are factored into your claim.
How Can a Personal Injury Attorney Help?
A TBI is a severe injury that can turn your whole family’s life upside down. If you are in this situation now, contact us at Shapiro, Washburn, & Sharp to schedule a free case evaluation with one of our dedicated Virginia Beach brain injury lawyers. In the case mentioned above, we obtained settlements for the injured mother, father, and girl with the concussion within one day of mediation. A second round of mediation started a month after that for the remaining injured girl, who suffered from intellectual impairments, and our law firm obtained a $5.5 million settlement for her.
Come to our offices in Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake.