In almost all cases, the statute of limitations for personal injury in Virginia is two years from the day the incident occurred. This statute applies to accidents, including slips and falls, car crashes, and malpractice. In Virginia, wrongful death claims are also subject to this two-year filing deadline, which usually begins its countdown on the day of the victim’s passing.
If the deadline expires before your lawsuit is filed, you will lose your right to collect financial compensation, no matter how severe your damages are.
Taking prompt action also ensures that our Virginia Beach personal injury lawyers have ample time to investigate your accident, gather vital evidence, and prepare a strong case on your behalf. Call us today to schedule your free case review.
What Are The Exceptions to the Statute of Limitations in Virginia?
Exceptions to the Virginia statute of limitations are rare, but they do exist. You should always strive to file your lawsuit within the standard two-year window in order to safeguard your rights and give your lawyer enough time to investigate your claim thoroughly.
If you plan to pursue a wrongful death or personal injury case against the state, or a town, county, or city, there are very specific special notice rules that can shorten the filing deadline to as little as six months from the day of your accident. These special notice provisions are intended to curtail the deadline, meaning that in cases where the special notice is not filed on time, any subsequent lawsuit, even if filed on time, will be thrown out.
With that in mind, state laws do offer a bit of wiggle room in their filing deadlines for certain special circumstances. Exceptions to the statute of limitations for Virginia personal injury cases include:
Plaintiffs Under 18
In Virginia, anyone younger than 18 is considered a minor. In these cases, the clock begins running on the statute of limitations on the minor’s 18th birthday. For instance, if a 15-year-old is badly injured in a serious traffic accident, they will have three years from their 18th birthday to bring a lawsuit, provided that the case has not already been settled.
Disabled and Incapacitated Plaintiffs
A judge can toll the statute if the victim’s incapacity precludes them from engaging in legal action, or even understanding their rights. This will continue until the victim either has an appointed guardian file for them or they regain mental or physical capacity. Bear in mind that disability alone is not enough to trigger an exception to the deadline. If the victim’s disability does not impact their legal capacity, the standard Virginia deadline will most likely apply.
Defendant Obstruction
Judges have the option of extending the statute if the person at fault directly or indirectly obstructs the filing of a lawsuit.
Latent Injuries and the Discovery Rule
Generally speaking, the statute of limitations begins on the day you discover or reasonably should have discovered your injury. For instance, in certain medical malpractice cases, it can take quite a while for patients to discover that they sustained an injury arising from medical negligence, such as a retained object.
The Defendant’s Misconduct
Although extremely rare, there are some scenarios in which a judge may permit a filing outside of the two-year window, based on the principles of fairness and the defendant’s misconduct, such as:
- Equitable estoppel: The defendant did something, or failed to do something, that made you believe you had more time to bring your claim.
- Fraudulent concealment: The defendant willfully withheld details that delayed your discovery of their liability or your injury.
What Happens if I Miss the Filing Deadline?
If the deadline expires before you file your lawsuit, even by a single day, the judge will have no choice but to throw out your case. If this happens to you, you will be barred from seeking any financial compensation at all for your damages, no matter the severity of the other party’s negligence or the extent of your damages.
How is My Statute of Limitations Determined?
In Virginia, the majority of personal injury cases must be filed no more than two years after the injury took place. The precise timing can, however, change considerably based on the specifics of your situation. In a wrongful death case, for example, the two-year deadline begins on the day of the victim’s passing. Our experienced Virginia Beach personal injury lawyers can review the facts of your personal injury case and determine which laws apply.
How Do I File My Case On Time?
Statutes of limitations are the rules that set the deadline for filing a lawsuit in Virginia courts. In most cases, lawyers will try to settle with the defendant or their insurer before filing anything in court.
You’re more likely to settle your case before filing a lawsuit if you contact a lawyer soon after the accident. It’s important to get started quickly, right after you’re hurt and well before the deadline. Keep in mind that negotiations or sending a demand letter to the insurance company do not pause the statute of limitations.
What Happens if the Statute of Limitations Runs Out Before My Case is Settled?
Nothing, really. The statute applies to the initial filing of the lawsuit, not how long it takes to resolve. Even if your case is not going to settle within two years, you still need to file a lawsuit before the deadline ends. Filing on time protects your right to take the case to court. When the defendant and their insurance company know you can still sue, they’re more likely to negotiate seriously. If they don’t see that risk, they may refuse to pay you anything.
Consult a Virginia Beach Personal Injury Lawyer
No matter what happened in your accident, it’s important to know exactly how much time you have to file your claim. Exceptions to the deadline are rare and very limited. If the deadline passes before you file your lawsuit, the court will dismiss your case, and you won’t be allowed to seek any compensation. With more than 100 combined years of experience, our Virginia Beach personal injury lawyers have recovered millions of dollars in verdicts and settlements for our clients.
Our firm has a strong history of getting good results for our clients, including a $235,000 settlement for someone who was seriously hurt by a careless driver. Contact the personal injury law firm of Shapiro, Washburn & Sharp via our online contact form, or call (833) 997-1774 for a free, no-pressure consultation to find out how we can help. We have offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.
