Suffering a personal injury in any type of accident can completely change your life. You might be left with psychological damages and many physical injuries or disabilities. After suffering as you have, you will probably want to file a personal injury lawsuit to hold the at-fault party liable. In this situation, if you’re in Virginia, it’s always important to know the statute of limitations in the state.
What Is the Statute of Limitations to File a Personal Injury Case?
Like all other states, Virginia has a set limit of time in which you can file a personal injury claim. This time limit is known as the statute of limitations. In Virginia, you must file a personal injury case within two years from the date of your accident or when your injuries became known. As a result, it’s important to file your case with the court within that time frame. Failing to file promptly will result in the clock running out, which means that an insurance company or the court will not hear the case, and you will not be able to recover the compensation you otherwise would have been entitled to receive.
What Are the Exceptions to the Statute of Limitations?
To protect victims, the state has certain exceptions for the statute of limitations in personal injury cases. Certain situations could potentially pause the clock when a person is required to file their claim with the court. They can extend the filing deadline on the statute of limitations.
One situation is that the injured party was younger than the legal age of 18 when they were involved in the accident or attack. Someone under 18 is not legally permitted to file a lawsuit. The extension of the deadline to file can help someone underage to be able to file to recover damages. Similarly, suppose a person has suffered injuries due to someone else’s negligence or recklessness and became incapacitated. In that case, they can file past the normal statute of limitations once they have regained their mental faculties.
If any case applies to you or someone you know, remember to discuss all the details regarding the statute of limitations and their exceptions with your personal injury lawyer. Another thing to know is that if a person has been rendered incapacitated and is represented by a guardian or conservator, that person could file the lawsuit on their behalf. The guardian or conservator would get one extra year from when they were appointed to file the personal injury claim.
Another scenario that could extend the statute of limitations is that the party at fault for the victim’s injuries obstructs the lawsuit (is found very late after a hit-and-run, for instance). Of course, the obstruction could also be perpetrated through other means. When obstruction has been committed, the statute of limitations can be extended to accommodate the victim.
What if Your Personal Injury Claim Is Against a Government Entity?
There are special rules regarding the statute of limitations for filing your personal injury lawsuit if you are filing against a government entity. Before you can file your case, you must give the government notice. Your personal injury lawyer can do this for you by submitting a formal notice in writing. The notice must include all the most important details of the accident that led to your injuries. This includes the date and location where the accident occurred.
Virginia gives injured victims a statute of limitations that lasts six months for claims filed against a government entity. This means that your claim must be filed within six months from the date of the accident or injury. However, if your case is against the state government or the transportation district, you have up to one year to file notice. After that, the government must respond to your claim, having the option of either accepting and attempting to settle it or refusing it. Afterward, you can then proceed and file your lawsuit with the court.
If you have suffered injuries in an accident that was not your fault, contact an attorney to discuss your case.
Mark Scott
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
