The Virginia statute of limitations sets a specific timeframe during which a person must use their legal rights, or they'll lose them permanently. Usually, the law restricts someone's ability to file a lawsuit.
In Virginia, the statute of limitations is two years, but some situations might postpone it. Talking to a Virginia injury lawyer can explain how the statute of limitations applies to your case.
Determining the Statute of Limitations
Determining the time limit under Virginia law varies from case to case. While the statute of limitations is general, specific factors in each case may change it. In Virginia, the statute of limitations typically is two years for personal injury and wrongful death cases. Yet, the details of a case might adjust these time limits.
Starting a Legal Case Before the Time Limit
The statute of limitations, set at two years, requires that legal action be commenced within two years of the injury date. Commencement here doesn't necessitate case resolution; it simply means the legal process must begin. Various actions fulfill this requirement within the specified period.
The primary method is filing a lawsuit, which satisfies the statute of limitations. Furthermore, resolution through a demand for relief and subsequent legal settlement is also permissible within two years.
Extension of Virginia's Statute of Limitations
The two-year statute of limitations in Virginia is sometimes paused due to specific circumstances, including the limited discovery rule.
Like some other states, Virginia acknowledges a limited discovery rule in personal injury lawsuits. This rule enables the suspension of the statute of limitations if the injured person couldn't reasonably discover another party harmed them.
To utilize the discovery rule, the injured individual must prove their inability to discover the injury through ordinary means. Common instances where the discovery rule applies include medical malpractice cases involving forgotten objects in a patient's body, injuries where a person is in a prolonged coma and can't recall details, or cases involving deliberate fraud or concealment of the injury by medical providers.
Advantages of Hiring a Personal Injury Attorney
Someone who's been hurt should contact a lawyer because they might not know what steps to take next and should concentrate on getting better.
A lawyer from Virginia deals with serious cases regularly. They can explain the injured person's legal rights and how to get the most compensation possible. However, lawyers can't fully restore someone after they've been hurt due to someone else's carelessness. But they can assist in pursuing compensation from those responsible.
Managing Claim Adjusters
Someone who's been hurt should contact a lawyer because they might not know what steps to take next and should concentrate on getting better.
A lawyer from Virginia deals with severe cases regularly. They can explain the injured person's legal rights and how to get the most compensation possible. However, lawyers can't fully restore someone after they've been hurt due to someone else's carelessness. But they can assist in pursuing compensation from those responsible.
