Legal Highlight: Personal Injury Statute of Limitations

When deciding whether to pursue a personal injury case, it is important to know how much time you have to file a claim and take legal action. Since every case is different, it is important to be aware of the Statute of Limitation law in Virginia, especially if you have a  personal injury case.

A Statute of Limitation is a law that sets a time frame that individuals have to initiate a dispute or legal proceedings. It provides a way for accidents and injustices to be dealt with in a timely fashion while also preventing fraudulent claims, provides finality of disputes, and makes sure complaints from events that happened many years ago are resolved timely. If the claim is not filed within the time frame that the Statute of Limitations provides, then the individual will no longer be able to bring an action.  This applies to personal injury accidents as well.

According to Virginia Code § 8.01-243, an individual generally has two years from the date of an accident to file a personal injury claim.  Note, the statute of limitations can vary for different types of claims, and every case is different.  You should consult with an attorney immediately to discuss the specifics of your case and the limitations you have for filing your claim.    A statute of limitation does not mean that your case has to be settled or resolved within the appropriate statue of limitations, but that a claim must have been filed and initiated within this timeframe.

At ReidGoodwin, we understand that the personal injury process can be unsettling for those involved and that there are many present and future concerns that come with it. If you have questions regarding the statute of limitations or the personal injury process, call our office for a free consultation.

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