If you have a personal injury case (this can be a car accident claim, slip and fall, traumatic brain injury, medical malpractice, etc.), Virginia applies something called a statute of limitations. In plain terms, this is a deadline to pursue your claim or file a lawsuit. Generally speaking, for personal injury claims in Virginia, the statute of limitations is 2 years. (See Virginia Code § 8.01-243). In some instances, the statute of limitations can be shorter; for instance, if you are seeking compensation from a city or county entity (which has a notice requirement typically of 6 months), a claim against the Commonwealth of Virginia (which has generally a notice claim requirement of 1 year), or other claims against certain entities. In other circumstances, it may be longer (for example in some medical malpractice cases where you didn’t know you were injured immediately).
To determine the statute of limitations in your case, reach out to an attorney as soon as possible. Virginia law can be unclear to things as simple as what is the deadline for your case. Therefore, you should contact an attorney immediately to not sit on your rights.
Again, make sure that you reach out to an attorney to determine the statute of limitations in your case.
Remember that it’s in the insurance company’s best interest for you to run past your statute of limitations. Therefore, if you’re close to the statute, simply filing your claim with the insurance company is not enough. Instead, your case must be properly filed in court against the proper party. We highly recommend against you attempting to file your own lawsuit, and again we recommend you contacting an attorney immediately to discuss your case.
At Abrenio Law, we conduct FREE consultations. Therefore, you can reach out to determine your rights. You’re not required to hire us.
If you have any other questions, reach out to us at 703.570.4180. We’d also recommend you take time to review our blogs, articles, videos and other resources we’ve provided here on this web site and will continue to provide in the future. We look forward to hearing from you.