What Is the Virginia Statute of Limitations for Personal injury?

In most cases, the Virginia personal injury statute of limitations is two years from the date of your accident. This deadline for filing a lawsuit applies to cases such as car accidents and slips and falls. Wrongful death claims in Virginia also have a two-year statute of limitations, which generally starts running from the date of death.

Don't wait until you're approaching the deadline to contact our experienced personal injury attorneys. Filing after the deadline means losing your right to compensation. Acting quickly also gives our attorneys time to investigate, collect critical evidence, and prepare your case. By getting started early, we can approach settlement negotiations and court from a position of strength, improving your chances of receiving fair compensation. It is best to promptly hire a law firm after an accident.

Are There Exceptions to the Virginia Statute of Limitations?

Exceptions to the personal injury statute of limitations in Virginia are rare. Always aim to file well within the normal two-year deadline to protect your rights and give your attorney time to investigate your claim fully.

In the instance of pursuing a personal injury or wrongful death case against the Commonwealth of Virginia, cities, counties, or towns, there are special notice requirements that can be as short as six months from the date of the occurrence. These special notice requirements serve to effectively shorten the statute of limitations in that if the special notice is not timely a subsequent lawsuit, even if timely filed, will be dismissed.

That said, Virginia personal injury law does provide some leeway for special circumstances when setting filing deadlines for lawsuits. Exceptions to the Virginia personal injury statute of limitations include the following:

Minor Plaintiffs

A minor in Virginia is anyone under the age of 18. In the case of a minor, the statute of limitations will begin when that minor turns 18. For example, if a 16-year-old is injured in a car accident, they will have two years from the day they turn 18 to file any type of lawsuit if the case has not been settled.

Incapacitated and Disabled Plaintiffs

A judge may pause (“toll”) the statute of limitations if an injured person’s incapacity prevents them from understanding their rights or taking legal action. This lasts until the person regains capacity or a guardian is appointed who can file on their behalf.

A disability alone is not enough. If it doesn’t affect a plaintiff’s legal capacity, the standard Virginia personal injury claims deadlines would likely apply. Our skilled attorneys can evaluate the circumstances of your case and advise you when to file.

Obstruction by the Defendant

A judge may extend the statute of limitations if the at-fault party obstructs the filing of a lawsuit, either directly or indirectly.

Discovery Rule and Latent Injuries

The statute of limitations may start when you discover or should have discovered
your injury. For example, in some medical malpractice cases, it may take time for victims to realize they have injuries related to a health care professional’s care. This extension is limited to very few circumstances in Virginia.

Defendant’s Misbehavior

While rare, there are a few situations where a judge might allow a filing beyond the normal statute of limitations based on the defendant’s misbehavior and principles of fairness:

Fraudulent concealment – The defendant actively hid information that prevented you from discovering your injury or their liability.
Equitable estoppel – Other actions or inactions by the defendant caused you to reasonably believe you had additional time to file your claim.

What Happens if You Miss the Deadline?

If you do not file your personal injury lawsuit before the correct deadline, a judge will be forced to dismiss your case, even if you miss it by only one day. If this happens, you lose your legal right to seek compensation for your injuries, regardless of the extent of your damages and whether the other party was clearly at fault. Consult our respected attorneys soon after your accident so we can discuss your case and file on time.

Calculating the Statute of Limitations

Again, the deadline for filing most personal injury cases in Virginia is two years from the injury date. However, the exact calculation can vary depending on the specifics of your case. For example, in wrongful death cases, the two-year countdown starts on the date of death.

Our skilled personal injury attorneys will thoroughly evaluate the circumstances of your case and determine the Virginia personal injury laws that apply to your case.

How Do I Initiate a Case Within the Statute of Limitations?

Statutes of limitations govern the deadline for filing a lawsuit in court. However, in many instances a lawyer may attempt to settle your case with the defendant, or their insurance company, before filing a lawsuit.

Your chances at securing a pre-lawsuit settlement improve by promptly contacting a lawyer shortly after an accident. Starting this process as soon as possible after your injuries and well before the statute of limitations expires is essential. The negotiations or sending a demand letter to the insurance company does not stop the statute of limitations from running.

What Happens if My Case Isn't Resolved Before the Statute of Limitations Expires?

Even if your personal injury case does not settle within two years, you must file a lawsuit before the statute of limitations expires. Doing so preserves your right to take action in court. Knowing that you can still file a lawsuit may also prompt defendants and their insurance companies to negotiate in good faith. Without the threat of a lawsuit, they may refuse to compensate you altogether.

Consult Cooper Hurley Injury Lawyers for Your Personal Injury Case

When you’ve been hurt in an accident, you need a lawyer who understands Virginia law on personal injury claims. With over 120 years of combined experience, our attorneys have collected millions of dollars in high-value settlements and verdicts for our deserving clients.

We have the skills and resources needed to calculate the value of your damages
and take on powerful insurance companies in all kinds of personal injury scenarios, from car accidents to premises liability. Call (757) 333-3333 or contact us online to schedule a free, no-obligation consultation. We have conveniently located offices throughout Hampton Roads, including in: