How Long Do I Have to File a Personal Injury or Wrongful Death Claim in Virginia?

If you are hurt due to another person’s negligence in Virginia, you may be able to file a compensation claim. This compensation allows you to recover your medical expenses, lost income, and more. To obtain the full damages you need, you must file your claim within a certain amount of time, known as the statute of limitations.

Below, our Wytheville personal injury lawyer explains how much time you have to file a personal injury and wrongful death claim.

How Long to File a Personal Injury Claim in Virginia?

The statute of limitations is the legal deadline by which you must file a personal injury claim. If the statute of limitations expires and you have not filed your claim, you may lose your right to claim any damages at all. Missing the deadline by even one day can result in a forfeiture of your rights.

Before filing a claim, you must collect a great deal of evidence, and substantial paperwork must be completed. Although all of this takes time, the two-year time limit begins on the day of the accident. Due to this, it is wise to speak with a Virginia personal injury lawyer as soon as possible after being hurt by someone else’s negligence.

How Long to File a Wrongful Death Claim in Virginia?

As in other types of personal injury cases, you have two years from the date of a wrongful death to file a claim. A wrongful death claim is filed by the personal representative of a deceased’s estate after someone else’s negligence caused a death. The personal representative is typically named in the will of the deceased. If the deceased had not named a personal representative, the court will appoint one. 

It is also important to note that the statute of limitations in wrongful death claims begins on the date of the death and not the date of the accident that caused the death.

Exceptions to the Statute of Limitations in Virginia

The statute of limitations law in Virginia is quite strict, and in most cases, allowing the time limit to expire will result in a case being dismissed. Still, there are some exceptions. These are as follows:

• Injuries sustained by a minor: Minor children are not considered to have the legal capacity to take legal action. As such, the statute of limitations does not begin until the child’s 18th birthday.
• Mental incapacity: Like minor children, if an injured individual is mentally incapacitated, they cannot take legal action. The statute of limitations would start on the date they regain the mental capacity to take legal action. If someone suffered a permanent mental incapacity, the time limit would usually start one year after a guardian was appointed for them.
• Obstruction: If the defendant tries to obstruct the lawsuit, this can also change the statute of limitations. Obstruction can involve filing for bankruptcy, moving out of the state, or changing one’s name.

Our Personal Injury Lawyer in Wytheville Will File Your Claim On Time

Allowing the statute of limitations to expire in your case is extremely detrimental and can result in a forfeiture of the compensation you deserve. At The Jackson Law Group, PLLC, our Wytheville personal injury lawyer will ensure that your claim is filed on time and that your rights are protected. Call us now at (276) 777-7654 or contact us online to schedule a consultation and to get the legal help you need.