What happens if I wait too long to file a personal injury claim in Virginia? | Shapiro, Washburn & Sharp

By law, waiting more than two years from day on which you suffered an injury due to someone else’s negligence or recklessness means you cannot collect on an insurance claim or succeed with a lawsuit.

However, the date on which the clock for filing a personal injury claim can often be debated. This is particularly true in cases involving medical malpractice and in cases involving illnesses caused by dangerous products. Often, the victim will not know that a health care provider or a product harmed them until years after the fact. A definitive diagnosis is needed to make a link between a medical procedure or a product and current, ongoing health problems.

In such an instance, the statute of limitations applies from the day of the diagnosis. Consulting with a knowledgeable Virginia personal injury lawyer when questions exist regarding a statute of limitations can benefit a victim greatly.