Virginia Statute of Limitations for Personal Injury Cases

Suffering from a personal injury can be a life-altering experience that may leave you feeling overwhelmed and unsure of your legal rights. If you have been injured in Virginia, it is essential to understand the statute of limitations for personal injury cases to ensure you can seek the compensation you rightfully deserve.

At The Law Offices of Mark T. Hurt, experienced personal injury attorney Mark Hurt is committed to helping our clients navigate the complex legal system and achieve the best possible outcomes for their cases. If you or a loved one was injured due to someone else’s negligent actions or inaction, we invite you to call our offices today at 276-623-0808 to schedule a free consultation. We also encourage you to read through the following article to learn about the statute of limitations for filing a personal injury claim in Virginia.

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What is the Virginia Statute of Limitations for Personal Injury Cases?

The Virginia statute of limitations for personal injury cases is a law that sets a time limit on when a person can file a personal injury lawsuit to recover damages. This law applies to all types of personal injury cases, such as car accidents, slips and falls, and medical malpractice. The purpose of the statute of limitations is to ensure that lawsuits are filed in a timely manner so that evidence is still available and witnesses can be located.

In Virginia, the statute of limitations for personal injury cases is typically two years.[1] This means that injury victims must file a lawsuit within two years from the date of an accident or injury. If an individual does not file a lawsuit within this time frame, he or she may lose their right to seek compensation in court.

How Can the Virginia Statute Of Limitations Impact Personal Injury Lawsuits?

The Virginia statute of limitations for personal injury cases works by setting a strict deadline for filing a lawsuit. If a lawsuit is filed after the two-year deadline has passed, the court will likely dismiss the case, unless it can be shown that an exception applies.

While the general rule is that a person has two years from the date of the accident or injury to file a lawsuit, there are certain circumstances that may extend or toll the statute of limitations. Here are some of the most common exceptions:

• Minors. If the injured person was a minor at the time of the accident, the two-year statute of limitations may be extended. In Virginia, the statute of limitations does not begin to run for a minor until they turn 18 years old. This means that the two-year deadline would begin to run on the injured person’s 18th birthday, rather than on the date of the accident.

• Disability or incapacity. If the injured person is mentally or physically incapacitated at the time of the accident, the two-year statute of limitations may be tolled until the person’s disability or incapacity is lifted. For example, if the injured person is in a coma for several months after the accident, the two-year deadline would not begin to run until the person emerges from the coma.

• Fraud or concealment. If the defendant fraudulently concealed the cause of the injury or intentionally misled the injured person about the cause of the injury, the two-year statute of limitations may be tolled until the injured person discovers the fraud or concealment.

• Discovery. If an individual suffers internal injuries that are not readily apparent, the statute of limitations may be tolled until the injuries are discovered (or should have been discovered).

• Governmental entities. If the defendant is a governmental entity, such as a city, county, or state agency, the injured person may be required to follow certain notice requirements before filing a lawsuit. In some cases, these notice requirements may extend the time to file a lawsuit beyond the two-year statute of limitations, or the statute of limitations may otherwise be affected.

It is important to note that these exceptions are not automatic and require specific evidence or circumstances to apply. Therefore, it is recommended to consult with a personal injury lawyer to determine whether an exception may apply in your case.

In any event, if you are injured, the best course of action is always to consult with a personal injury attorney as soon as possible after the injury has occurred, as this will enable the attorney to begin collecting evidence and witnesses statements while these are both fresh.

Why is it Important to Understand the Virginia Statute of Limitations?

Understanding the statute of limitations can also help with legal strategy. For example, if your deadline is close, you may need to retain an attorney quickly to file your lawsuit in order to preserve your right to seek compensation.  On the other hand, if the deadline will not be reached for a year or more, your attorney may pursue settlement options in seeking to successfully resolve a case through negotiation without having to file a lawsuit, and then only filing a lawsuit if a successful settlement cannot be reached.

How Can Experienced Virginia Personal Injury Lawyer Mark Hurt Help Ensure that the Statute of Limitations Is Not Missed?

As a personal injury attorney with over two decades of experience, firm-founding attorney Mark Hurt can help ensure that the statute of limitations for a personal injury case is closely monitored.

The following are just a few examples of how attorney Mark Hurt helps ensure the timely progression of personal injury claims:

• Knowledge and Experience. Mark has the knowledge and experience necessary to identify and calculate the applicable statute of limitations in a case. He understands the nuances of Virginia law and can ensure that a case is filed within the required time frame. Mark is a highly experienced attorney, including having argued two cases before the United States Supreme Court.

• Timely Investigation. At The Law Offices of Mark T. Hurt, we help clients begin the investigation process as soon as possible, which can be critical to their cases. As an example, in severe vehicle crash cases, it is often important to act quickly to get an order preserving the vehicles before they are destroyed and important “black box” evidence is lost.  Waiting too long to investigate can result in other lost evidence or impaired witness recollection, both of which can hurt a claim. Personal injury attorney Mark Hurt can help preserve important evidence and witness testimony in seeking to build the most compelling case possible.

• Strategic Planning. As an experienced personal injury attorney, Mark can help create a strategic plan for your case that takes the statute of limitations into account. This includes setting deadlines for filing paperwork, gathering evidence, and completing other necessary tasks within the time frame required by law.

• Communication. Mark can help ensure that all parties involved in your case are aware of the statute of limitations and any applicable exceptions. This can help avoid delays or misunderstandings that could result in missed deadlines.

• Filing the Lawsuit. As an injury attorney with over two decades of experience, Mark Hurt can ensure that your lawsuit is filed correctly and within the applicable time frame is a settlement cannot be obtained in a timely manner. This includes ensuring that all paperwork is completed accurately, all deadlines are met, and the lawsuit is filed with the appropriate court.

Contact The Law Offices of Mark T. Hurt Today to Schedule A Free Consultation

At The Law Offices of Mark T. Hurt, we understand that suffering a personal injury can be a traumatic experience. That’s why we are committed to providing compassionate and effective legal representation to injury victims throughout Virginia.

As a personal injury attorney with over two decades of experience, Mark Hurt has a track record of success in helping clients obtain the compensation they deserve. He and our firm represent injury victims on a contingency fee basis, which means that we are only entitled to a fee if compensation is recovered.

If you or a loved one has been injured in Virginia, contact our firm today to schedule a free consultation. Firm-founding attorney Mark Hurt can evaluate your case, explain your legal options, and tenaciously pursue the maximum compensation to which you are rightfully entitled.

[1] VA. Code Ann. § 8.01-243.