If you’ve been injured due to someone else’s negligence, you may wonder, “How long do I have to file a personal injury lawsuit?” Understanding Virginia’s legal deadlines is critical to protecting your rights to compensation for medical bills, lost wages, inconvenience, and pain and suffering caused by somebody else.

Statute of limitations in Virginia

Deadlines matter, and in Virginia injury cases, the difference of a day can be the difference between getting the compensation you deserve and getting nothing.

For most personal injury cases, you have two years from the date of injury to file your lawsuit. This two-year limit is outlined in Virginia Code § 8.01-243, which states that a personal injury action must be brought within two years from the date the injury occurred. However, as with many aspects of Virginia personal injury law, there are exceptions to the rules, and sometimes, exceptions to exceptions. Some of the exceptions are as follows:

1. Injuries to minors

If the injured person is a minor (somebody under the age of 18), the statute of limitations is paused until the child turns 18. That means they can generally file a personal injury lawsuit within 2 years of turning 18.

2. “Under a disability”

If an adult is “under a disability” at the time of the accident and declared incapacitated by the appropriate court, then in certain circumstances, the statute of limitations may be extended under certain limited circumstances.

3. Certain limited medical malpractice situations

Generally, the statute of limitations for a medical malpractice action is two years from the medical negligence. However, in certain very limited circumstances, there may be exceptions for: (1) a foreign object left in a patient (then the suit must be filed within one year from when it is discovered or should have been); (2) fraud or concealment (suit filed one year from the date the injury is discovered); (3) continuing treatment with the same provider for the same condition (the statute does not start until the treatment ends). To make matters more complex for the injured, there are exceptions to these exceptions.

Why filing on time matters

Failing to file a personal injury lawsuit against the appropriate party within the statute of limitations means that your case will be barred forever, even if the injuries are severe. An experienced personal injury attorney will be able to determine the applicable statute of limitations and ensure timely filing.

Contact an experienced personal injury attorney in Richmond, VA

Henry Jones is one of the personal injury attorneys at CowanGates. He has experience in personal injury matters involving automobile accidents, truck and tractor-trailer accidents, premises liability (slip and fall), transportation network companies (Uber), hunting accidents, medical malpractice, and pedestrian accidents. Henry serves clients across the Commonwealth of Virginia and is here to help. To speak with an experienced personal injury attorney in Richmond, Virginia, and receive the comprehensive legal advice you deserve, call (804) 320-9100 today and ask to speak with Henry.