Virginia Personal Injury Statute of Limitations: What You Need to Know


Statute of Limitations in Virginia can be remarkably tricky. Every state sets its own personal injury statute of limitations. Even if a limitation period has passed, make sure to consult an attorney to make sure you know what limitation applies to your situation.  A statute of limitations is the law and it can limit your ability to take legal action. The deadline could be just around the corner, and unfortunately, the law provides for very few exceptions.

When Does the Statute of Limitations in Virginia Legally Begin?

At the time the injury occurs, the statute of limitations in Virginia for personal injury is two years. That means action must take place within two years from the date of the injury. The law regarding statute of limitations is complex, there are exceptions that exist. The best practice is to call an experienced lawyer that can help with all aspects of your injury claim.

Will My Case Take Two Years?

The case may be resolved through a legal settlement within the two-year period. It does not mean it will take two years to settle your claim. The statute of limitations requires only that you file a civil suit in court before the two-year mark form the date of your incident. Depending on the complexity of your case weather you have gone extensive medical care, it may take up over two years to resolve.

Children Under the Age of 18

Again, every case is different Virginia law considers children under the age of 18. They do not have the same legal rights as adults. A child that has been injured by the negligence of another will have until their 20th birthday. Meaning two years after a child is of legal age they are entitled to file a lawsuit.

In Virginia, the statute of limitations as followed:

  • Assault and Battery 2 Years
  • Contracts (in writing) 5 Years
  • Contracts (Oral) 3 Years
  • Debt Collection 2 Years
  • False Imprisonment 2 Years
  • Fraud 2 Years
  • Libel/Slander 1 Year
  • Medical Malpractice 2 Years
  • Personal Injury 2 Years
  • Product Liability 2 Years
  • Property Damage 5 Years
  • Trespass 5 Years
  • Wrongful Death 2 Years

You can see more of the statutes to learn more. The lawyers at Geoff McDonald & Associates can fully investigate your incident for all potential sources of recovery. Seeking an attorney can help with all aspects of your injury claim.

An experienced attorney will know how insurance companies work. If your case needs to be taken to court, an attorney should do what is necessary to make sure you get the money you deserve.

If you were hurt in Richmond or elsewhere in Virginia, you need lawyers who will aggressively represent your interests.

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