What Is the Statute of Limitations for Personal Injury Claims in VA?
Have you been injured due to another party’s negligence? Depending on the circumstances, you may have grounds to file a legal claim against the at-fault party in pursuit of monetary damages for your injuries. While you may want to rest and relax while you recover, it is important you do not delay in filing your claim as there are certain strict deadlines that must be met in order to preserve your right to take legal action.
What Is a Statute of Limitations?
Personal injury claims must be filed within a predetermined amount of time in order to be heard by the courts. This time limit, known as a statute of limitations, permits injured persons in Virginia to bring a claim against the at fault party within two years of being injured. If this time limit expires, the courts will not see your case and you will lose your right to take legal action, no matter how much evidence you may have of the other party’s wrongdoing. While you can technically still file a lawsuit after the statute of limitations has expired, it will probably be thrown out before it can make any meaningful progress.
What If My Injuries Are Not Readily Apparent?
A person can occasionally extend this statute of limitations if the harm caused by their accident was not “readily apparent” until sometime after their accident occurred. For example, say you were involved in a car accident but feel fine immediately after the collision. Two months later, however, you begin to feel excruciating pain in your lower back and are forced to miss work. After seeing a doctor, you are informed that you experienced a spinal cord injury in the wreck which has had dormant symptoms until now. In this case, since your injury was not readily apparent until seeing a doctor, the two-year statute of limitations would begin on the date of your medical examination rather than the date your accident occurred.
If you have been injured through no fault of your own, the Northern Virginia personal injury lawyers at The Strong Law Firm can fight for compensation on your behalf and provide the support you deserve. Having earned a “Superb” Avvo Rating and a ranking among the Nation’s Top 100 Attorneys by the National Association of Distinguished Council, we have what it takes to maximize your chances of securing a fair settlement for your suffering.