The deadline for filing most personal injury claims in Virginia, which is also known as the “statute of limitations,” is generally two years from the “cause of action.” Depending on how you came to suffer an injury, the cause of action might be an auto accident, a slip and fall, a medical error, or even the discovery of an injury you were not previously aware of.

There are several potential exceptions to this filing deadline. Never assume that your filing window has passed. Instead, speak with a Virginia personal injury attorney for a free evaluation of your circumstances.

Are There Exceptions to the Two-Year Statute of Limitations for Personal Injury Cases in Virginia?

There are several potential exceptions to the two-year statute of limitations, including:

• Plaintiffs who suffer harm as minors: If a vicious dog attacks a seven-year-old, and their parent does not pursue a personal injury lawsuit, the minor may remain eligible to file a lawsuit once they turn eighteen. They generally have two years after their eighteenth birthday to pursue a claim.
• When unique circumstances delay the discovery of harm: If you were injured in a trip and fall accident, but only discovered a serious brain injury months after the fall, this delayed discovery might extend the statute of limitations for your case.
• Obstruction of the legal process: If liable parties interfere with your ability to file a personal injury case in a timely fashion, the courts should consider this obstruction.
• When the plaintiff is incapacitated: Someone who is in a coma, for example, cannot be expected to pursue a personal injury case. For this reason, the filing deadline is generally extended to account for incapacitation.

These exceptions are one of several reasons to consult an attorney, rather than making assumptions about whether your case remains viable.

Let an Attorney Evaluate Your Case. They Will Move Forward Without Delay.

Car accident survivors, those harmed on dangerous premises, injured motorcycle riders, truck accident victims, those bitten by aggressive dogs, injured workers, and those affected by loved ones' wrongful deaths deserve capable, compassionate representation. That's what you'll find at Ackerman & Falcon.

Call us today at (703) 288-1400 for your free consultation. We will discuss the statute of limitations and explain how we will pursue the justice you deserve.

Llame al (703) 828-6379 para una consulta realizada en español.