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What Is Virginia's Statute of Limitations?

What Is Virginia's Statute of Limitations?

Posted By The Barrera Law Firm, PLLC | 1-Jun-2016

The statute of limitations is the deadline for filing a lawsuit. Typically, this means that after an accident or injury, victims and families will only have a limited amount of time to formulate and file their claim. Failing to file a claim within the statute of limitations will prevent victims from pursuing compensation for their injuries and damages.

In Virginia, the following statute of limitations apply:

What is interesting to note about the medical malpractice provision is that the law explicitly states the claim must be brought within two years from the date that the actual injury took place—not when the complication was discovered. While some states allow a lawsuit to be filed from the time of discovery of the injury, Virginia does not.

Generally speaking, the statute of limitations is a hard and fast law. If you were to try to file your lawsuit even a day after the statute has ended, you will not be able to pursue your case. In some instances, the statute of limitations can be delayed, or what is called “tolled,” for a brief period of time. This can happen if the plaintiff cannot find the proper means to bring forth their case, such as in cases where he or she may be disabled, mentally incapacitated, or a minor.

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The Barrera Law Firm, PLLC encourages all victims and families to take immediate action following an accident and reach out to our firm for help. Our Virginia injury lawyers have helped thousands of injured workers and local folk promptly and effectively pursue the compensation they deserve. Let us review your case FREE of charge, explain your rights, and how we can work toward a positive outcome.

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