Statute of Limitations for Personal Injury in Virginia

Statute of Limitations for Personal Injury in Virginia

If you have been injured in an accident caused by someone else (or caused by someone else’s fault/negligence), you have the right to seek compensation for your:

  • Injuries/Damages
  • Medical bills
  • Lost wages /inability to work
  • Pain and suffering
  • Property damage

Every state has different rules and regulations concerning personal injury law. In most cases, you have to file a claim within a given time. This time is also called a “statute of limitations”. The personal injury attorneys in Virginia will evaluate your case for free and help you file your claim after getting injured. Be sure to call in and schedule your free initial consultation.

If you live in Virginia or think about filing a personal injury claim in Virginia, here is everything you need to know about the statute of limitations.

The Deadline

After the accident, you have a set amount of time to file a claim. According to the Virginia personal injury law, you have two years from the day of the accident to file a claim. However, this only applies to claims filed against other individuals who are not a public entity or public employees.

If filing a claim against a public entity or public employee, you have no more than 365 days from the day of the accident to file a claim.

Note: Every claim that is not filed within these 365 days after the accident is barred, and no additional action can be taken against the public entity.

There are some exceptions. For instance, if you are in a coma or severely injured and fighting for your life, you may get additional time to file a claim. However, to be 100 percent sure that you are eligible for additional time on your claim, speak with your attorney.

Medical Malpractice

If you have been a victim of medical malpractice, you could file a medical malpractice claim within 2 years since the day you have been mistreated. However, it could be difficult to pinpoint the exact date when you were mistreated by healthcare givers. Because of that, the state of Missouri allows for a “discovery rule” or the “rule of discovery”, allowing every patient to file a claim within 2 years from the day they discovered that they were a victim of medical malpractice.

Consult With An Attorney

It is always in your best interest to consult with an attorney after getting injured. That way, you will find out more about the situation you are in, as well as learn how you can file a claim, what to expect, and gain insight into how large your compensation will be if your claim is successful.

If you have no attorney on speed dial, consider giving the Virginia Personal Injury Attorneys at Randall Page, P.C. a call whenever you are able to. You will receive a free consultation followed by a case evaluation to determine whether or not you are eligible to file a claim. If the attorneys find out that you have a case in hand, they will help you file your claim and fight for your compensation, should you choose to hire their services.