In Virginia, the statute of limitations for a brain injury claim is the same as it is with personal injury cases, two years from the date of the incident. However, our brain injury lawyers know that brain injuries are complex injuries that can often render somebody unable to comprehend what’s going on. That type of injury incapacity can affect their thinking, their ideas, and how they move forward.

If you have been diagnosed with a brain injury caused by another party’s negligence, we are here to help. At Shapiro, Washburn & Sharp, we represent traumatic brain injury victims on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact us today at 833-997-1774 for a free consultation.

What Is the Statute of Limitations for Personal Injury Claims in Virginia?

In Virginia, the statute of limitations for filing a personal injury claim, including those involving brain injuries, is generally two years from the date of the injury. This means the injured party must file their lawsuit within this timeframe or risk losing their right to seek compensation. The two-year limit applies to most personal injury cases, including car accidents, slip and falls, medical malpractice, and other incidents that result in brain injuries.

This deadline ensures claims are filed while evidence is fresh and witnesses’ memories are still reliable. Missing the deadline typically results in the dismissal of the case, regardless of its merits.

Are There Exceptions to the Two-Year Statute of Limitations for Brain Injuries?

Yes, certain exceptions can extend or modify the statute of limitations for brain injury claims in Virginia:

  • Discovery rule: If the brain injury was not immediately apparent, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered. For instance, if symptoms of a traumatic brain injury (TBI) manifest months after an accident, the clock may start ticking from the date of diagnosis.
  • Incapacitation: If the injured party is mentally or physically incapacitated due to the brain injury, the statute of limitations may be tolled (paused) until the incapacity is resolved.
  • Minors: The statute of limitations for individuals under 18 does not begin until their 18th birthday, giving them until they turn 20 to file a claim.

These exceptions depend on the specific circumstances of the case and often require legal guidance to determine their applicability.

Why Is Acting Quickly Important in Brain Injury Cases?

Even though exceptions exist, acting quickly when pursuing a brain injury claim is crucial. Brain injuries can lead to severe and long-term consequences, including cognitive impairments, memory loss, and physical disabilities. Delays in filing a claim can result in:

  • Loss of evidence: Critical evidence such as medical records, accident reports, and witness testimonies may become harder to obtain over time.
  • Weaker legal case: Prolonged delays may make it more difficult to prove the connection between the injury and the negligent party’s actions.
  • Settlement pressure: Insurance companies may exploit delays to pressure injured parties into accepting lower settlements.

By initiating legal action promptly, you protect your rights and maximize the likelihood of securing fair compensation for medical expenses, lost wages, and pain and suffering.

What Damages Can Be Recovered in a Brain Injury Claim in Virginia?

If you file a brain injury claim within the statute of limitations, you may recover various damages, including:

  • Economic damages: These cover quantifiable financial losses such as medical bills, rehabilitation costs, lost income, and future earning capacity. Brain injuries often require long-term treatment, making these damages significant.
  • Non-economic damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other non-monetary impacts of the injury.
  • Punitive damages: In cases of gross negligence or intentional harm, the court may award punitive damages to punish the at-fault party and deter similar behavior.

The severity of the brain injury and its impact on the victim’s life heavily influence the total compensation.

How Can a Personal Injury Attorney Help with a Brain Injury Claim?

Navigating the statute of limitations and other legal complexities in a brain injury case can be challenging, especially when dealing with the medical and emotional impact of the injury. A personal injury attorney can help by:

  • Evaluating your case: Determining whether you meet the statute of limitations and identifying any exceptions that may apply.
  • Collecting evidence: Securing medical records, expert opinions, and witness statements to build a strong case.
  • Negotiating with insurers: Advocating for fair compensation from insurance companies, which often attempt to undervalue brain injury claims.
  • Filing your lawsuit: Ensuring all legal documents are filed correctly and within the required timeframe.

Having an experienced attorney on your side ensures compliance with Virginia’s legal requirements and increases your chances of receiving the compensation you deserve.

How Can Your Personal Injury Law Firm Help?

If you or a loved one has suffered a brain injury due to the negligence or recklessness of another party, call Shapiro, Washburn & Sharp to schedule a free case evaluation and find out what legal recourse your family has for the losses you have sustained.

Call us today at 833-997-1774 to schedule a free consultation with a traumatic brain injury lawyer. Let us help you get the care and compensation you need. We handle cases on a contingency fee basis, so you won’t pay any legal fees unless we win your case.