In Virginia, personal injury claims must be filed within a specific time frame known as the statute of limitations. The statute of limitations sets a legal deadline by which an individual must initiate a lawsuit for personal injuries or damages resulting from an accident, negligence, or intentional harm. Failing to file within this time frame can result in the loss of the right to pursue compensation.
Understanding the statute of limitations is essential for anyone considering a personal injury lawsuit in Virginia, as the deadlines can vary depending on the nature of the injury.
When you’ve been injured in an accident caused by someone else, you want a lawyer who is experienced and skilled in personal injury law advocating for you. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.
What Is the Statute of Limitations for Personal Injury Cases in Virginia?
In Virginia, the statute of limitations for most personal injury cases is two years from the date of the accident or injury. This means an individual must file a lawsuit within two years of the event that caused the injury or harm. For example, if you were injured in a car accident on January 1, 2023, you must file your personal injury claim by January 1, 2025. If the lawsuit is not filed within this time frame, the court will likely dismiss the case, and you may be unable to seek compensation for your injuries. It is important to note that the two-year statute of limitations applies to various personal injury claims, including car accidents, slip and falls and workplace injuries.
Are There Any Exceptions to the Two-Year Statute Of Limitations?
Yes, there are certain exceptions to the two-year statute of limitations for personal injury cases in Virginia. One key exception involves the discovery rule, which applies in cases where the injury or harm was not immediately apparent. For instance, if a person is exposed to harmful substances such as asbestos, and the symptoms of the resulting illness do not appear until several years later, the statute of limitations may begin on the date the injury is discovered or should have been discovered, rather than the date of exposure.
Another exception occurs when the injured party is a minor, in which case the statute of limitations is typically paused until the individual reaches the age of 18. Additionally, the statute of limitations may be extended or shortened in cases involving government entities or specific types of accidents, so it is essential to consult with an attorney to determine if exceptions apply to your case.
What Happens If a Claim Is Filed After the Statute of Limitations Has Expired?
If a personal injury lawsuit is filed after the statute of limitations has expired, the court will likely dismiss the case. This means that the individual bringing the lawsuit will lose the opportunity to recover any damages for their injuries.
The statute of limitations is strictly enforced, and judges typically do not make exceptions unless there are compelling reasons, such as fraud or the injury being hidden.
It is crucial to file the lawsuit within the allowed time frame to preserve your legal rights. If you believe you may be approaching the deadline for filing a claim, it is highly recommended to consult with an attorney as soon as possible to ensure that all necessary steps are taken before the statute of limitations expires.
Can The Statute of Limitations Be Extended?
In some cases, the statute of limitations for personal injury cases can be tolled or extended. For example, if the injured person is mentally incapacitated or unable to file a claim due to a disability, the statute of limitations may be paused until the person can bring the case forward.
In cases involving minors, the statute of limitations is generally tolled until the individual turns 18, meaning the clock does not start ticking until the person reaches adulthood.
If the defendant is a government entity, special rules may apply that could extend the time for filing a claim.
In any situation with unique circumstances or doubts about the statute of limitations, it is important to consult with a personal injury attorney to understand how the law applies to your case.
What Should I Do If I’ve Been Injured in an Accident?
If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney specializing in personal injury cases to discuss your options.
At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.