For personal injury cases, the statute of limitations is the amount of time a victim has to either resolve a dispute or file an injury lawsuit with the courts against the party who caused their injuries. By filing on time, victims secure their day in court and the opportunity to collect compensation for their losses. While one statute of limitations applies to most personal injury cases in Virginia, there are some exceptions, and there is a much different time limit for claims against the government than claims against private individuals or companies.
Since failure to settle or file in time or according to the right procedures can prevent victims from getting the compensation they need and deserve for their losses, the best approach is to have a Virginia personal injury lawyer from Martin Wren, P.C. handle your claim. If you have been hurt in an accident caused by someone else’s negligence, recklessness, or intentional actions, connect with our team–recognized as “Super Lawyers in Personal Injury” –right away.
Why the Statute of Limitations Exists
Since the effects of an injury can last forever or cause long-lasting financial consequences, you might wonder why there is a statute of limitations at all. It might seem harsh to deny a victim the opportunity to collect compensation simply for missing a window of opportunity that is only open for a limited time and likely during one of the most trying times of their lives. The statute of limitations, however, serves important functions:
- Ensuring claims are filed soon enough after the accident that all involved parties can still access information and evidence needed to support the claim or build a defense.
- Preventing alleged at-fault parties from living under the constant threat of a lawsuit for something that happened many years prior.
The statute of limitations for personal injury cases ranges from two to four years in most states. Some states have different deadlines in place for different types of personal injury claims. Still, victims in Virginia (or any state) serve their interests best by partnering with a personal injury attorney in Virginia promptly after an accident so they are sure to file within the legal timeframe.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Virginia’s Statute of Limitations
According to Virginia Code § 8.01-243, “every action for personal injuries…shall be brought within two years after the cause of action accrues.” With some specific exceptions, Virginia injury victims have a two-year deadline for filing personal injury claims. Simply stated, if your accident occurred on September 1, 2023, you have until September 1, 2025, to file.
Sometimes, a person with grounds to file a personal injury claim dies from their injuries. In these cases, the deceased person’s personal representative can bring a wrongful death lawsuit to secure damages for the decedent’s beneficiaries. The statute of limitations for a wrongful death claim is also two years as per Code § 8.01-244
If you fail to file your claim before the statute of limitations ends, your case may not be heard in court, and you will miss the opportunity to recover personal injury damages. However, if you fear you have missed the deadline, you should still speak to a Virginia personal injury attorney. Your case may include an exception or a “tolling” of the statute, allowing you to proceed.
Exceptions to Virginia’s Statute of Limitations
Virginia allows some exceptions to the two-year statute of limitations under Code § 8.01-229. For example,
- If an adult claimant was disabled at the time of the injury and declared incapacitated by the court, an extension may apply. Usually, this rule applies to claimants who are intellectually disabled.
- If a claimant is under age 18 when injured, the statute of limitations may be tolled–paused–until the claimant reaches age 18 years. The claimant then has a two-year window starting from their 18th birthday.
- For medical malpractice claims when they involve fraud or intentional representation that prevented the discovery of a condition, cases of misdiagnosis, or cases prompted when a non-therapeutic object is left in the body after surgery and not immediately discovered.
- For cases brought on behalf of infants.
Laws governing Virginia’s personal injury statute of limitation are complex. It is easy to misinterpret how they apply to your case, and without legal guidance, you may make the mistake of thinking you are too late to file a claim. Have the team at Martin Wren, P.C. review your situation and help you determine the best way forward.
Statute of Limitations for Claims Against the Government
You might be injured on government property, by a government vehicle, or because of a government- office’s lapse. For example, you might fall in a state or local park or get in an accident with a sanitation-collection vehicle. Or, your car accident might have resulted from unsafe road conditions or inoperative traffic signals.
While you still deserve damages for your losses, the legal process for pursuing them is different for these government-focused claims. Those differences start with a notice period, which may require you to provide notice of your claim as soon as six months from the date of the injury. Here are some of the rules regarding providing notice of a claim:
- If your claim is against a Virginia city, town, or county, you have to file a written notice of claim within six months of the date of your injury
- If your claim is against the Commonwealth of Virginia, you have one year from the date of your injury to file a written notice of claim with the State Director of the Division of Risk Management or the Attorney General
After filing your notice, you will still need to satisfy statutes of limitations for an injury claim against the government.
Article 18.1, Tort Claims Against the Commonwealth of Virginia, establishes the specific procedures for filing against government entities. Navigating these complicated rules is challenging, and it is easy for victims to make costly mistakes in even the most careful filing attempts. Trust the filing process and your fight for compensation from a personal injury lawyer in Virginia.
Filing Your Claim and Resolving Your Case
Martin Wren, P.C. can manage all aspects of your personal injury case. Connect with us as soon as possible after your accident so we can file your claim within the applicable statute of limitations and work to bring your case to a favorable resolution. You can trust a Virginia personal injury lawyer from our team to handle your case efficiently and effectively from start to finish.
Call 434-817-3100 or complete a Case Evaluation form
