When pursuing a personal injury claim in Virginia, failing to file within the legally prescribed period can result in the loss of the right to seek compensation. This guide outlines Virginia’s deadlines for personal injury lawsuits, exceptions that may apply, and why working with our personal injury lawyers at Tronfeld West & Durrett is essential to ensuring your case is filed correctly and on time.
Why Timing Matters in a Personal Injury Claim
The legal system sets strict deadlines, known as statutes of limitations, that limit how long you have to file a lawsuit after an injury. Missing this deadline means losing your right to seek compensation, no matter how serious your injuries or how strong your case. Courts will dismiss any claims filed after the deadline expires, leaving you with no legal options.
Insurance companies understand these deadlines well and may try to run out the clock on your claim. They might ask for excessive paperwork, a recorded statement, question who’s at fault, or drag out settlement talks until the deadline passes. Without a lawyer’s help, you might not spot these delay tactics until it’s too late, putting at risk your chance to recover money for medical bills, lost wages, and pain and suffering.
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How Long Do You Have to File a Personal Injury Lawsuit in Virginia?
Virginia law imposes a strict time limit on filing personal injury lawsuits. Under Virginia Code § 8.01-243, most personal injury claims must be filed within two years from the date of the injury. This applies to various types of cases, including:
- Car accidents resulting in bodily harm
- Slip and fall accidents caused by unsafe premises
- Medical malpractice where a healthcare provider’s negligence led to injury
- Wrongful death claims, where a family member seeks justice on behalf of a deceased loved one
If a lawsuit is not filed within this two-year window, the court will likely dismiss the case, regardless of its merits. This means that the injured party loses the opportunity to seek compensation for medical expenses, lost wages, and pain and suffering.
While two years may seem like a long time, building a strong personal injury case takes considerable preparation. Evidence must be collected, witnesses may need to be interviewed, and medical records should be analyzed. The sooner a case is initiated, the more time an attorney has to thoroughly investigate the circumstances surrounding the injury.
Can the Statute of Limitations Be Extended?
Although Virginia’s two-year statute of limitations is strictly enforced, certain exceptions may allow for an extension of this deadline. This legal principle is known as tolling, and it applies in specific circumstances where filing within the usual timeframe may not be possible.
The Discovery Rule
This is often seen in medical malpractice cases, where complications or symptoms may not emerge until months or even years after the initial negligence. In these situations, the statute of limitations may begin on the date the injury is discovered rather than the date it occurred.
Fraud or Concealment
If a negligent party intentionally hides evidence or misleads the victim regarding the cause of their injury, the deadline may be extended. This ensures that individuals who have been wronged by deceptive practices are still able to seek justice once the truth is uncovered.
Legal Disability
For example, if a child is injured, the statute of limitations (Virginia Code § 8.01-229) may not begin until they reach 18 years of age, providing them additional time to file a lawsuit. While these exceptions exist, they are not automatic and must be argued effectively in court. This is why seeking legal counsel from an experienced personal injury lawyer is essential.
At Tronfeld West & Durrett, we thoroughly examine every case to determine if tolling provisions may apply and strategically advocate for our clients to maximize their opportunity for compensation.
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Filing a Claim Against a Government Entity – Special Deadlines Apply
Filing a personal injury claim against a government entity in Virginia requires careful attention to unique procedural rules and shorter deadlines that differ from standard personal injury cases. Unlike private-party claims, when the defendant is a city, town, county, or state agency, the timeframe to take legal action is significantly limited, making it even more critical to act swiftly and precisely.
For instance, under Virginia law, claims against a city or town require written notice of the injury to be filed within six months of the date of the incident. Claims involving a county or state government agency must be filed within one year of the injury.
When the responsible party is a federal government agency, the claim process is governed by the Federal Tort Claims Act (FTCA). The FTCA has its own set of procedures and deadlines, including the requirement to file an administrative claim with the federal agency involved before proceeding to court. Strict adherence to these federal rules is necessary, as failure to properly file at the administrative level could prevent you from pursuing a lawsuit in federal court.
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Don’t Risk Losing Your Claim – Contact A Personal Injury Attorney Today
Failing to file within the prescribed legal timeframe, whether in standard personal injury cases or those involving government entities, could mean forfeiting your right to pursue justice and compensation. We encourage you to reach out to a Richmond personal injury lawyer today for trusted legal guidance.
Schedule a free consultation to learn how we can protect your interests and help you pursue the compensation you deserve.
Call or text 800-321-6741 or complete a Free Case Evaluation form