Under Code of Virginia § 8.01-243, injured individuals have just two years to pursue compensation for the harm he or she endured in an accident. In a wrongful death claim, the family or estate of the deceased also has just two years from the accident date to file. If the plaintiff fails to file his or her claim within the court-required time frame, the judge may dismiss the lawsuit without hearing the case, regardless of if it would have been successful had it been filed at the right time.
To avoid any risk of a loss of compensation, consider consulting a catastrophic injury attorney for assistance. Legal representation with a familiarity with the statute of limitations in Charlottesville catastrophic injury cases could help you file in a timely manner and answer any questions you might have through the process.
In some lawsuits, Virginia courts may delay the statute of limitations if the plaintiff has any extensive physical or mental health disabilities or limitations. For instance, if the injured party is mentally or physically incapacitated, such as if he or she is in a coma, the judge may suspend the statute of limitations until he or she can represent themselves fairly in a civil court. The law also refers to this suspension as tolling. However, an individual should not rely on this exception but should instead have an attorney who can explain his or her legal options before moving forward.
If the injured party is a minor at the time of the accident, the statute of limitations will begin running on the day of his or her 18th birthday. A seasoned attorney experienced in filing catastrophic injury cases could answer any further questions on exceptions and delays and assist in court filings or dealings.
Special procedural rules apply when the plaintiff in a catastrophic personal injury case is filing for damages against a government agency or entity. Virginia courts require the plaintiff to follow strict protocol and to give notice of the claim to the government entity within six months of the accident. The notice must be in writing with all essential details. Once the entity has received and accepted the plaintiff’s notice, the individual can move forward with filing the legal action in civil court. Representation well-versed in the statute of limitations in Charlottesville catastrophic injury cases could help the individual with these procedural rules, notices, and filings.
After suffering a life-altering injury because of the carelessness or negligence of someone else, you do not want to miss your opportunity to collect damages simply because you missed a civil court deadline.
Staying on top of all the statutes and time limits can be exhausting. However, an experienced professional could worry about the deadlines and paperwork while you focus on you and your loved ones’ care. Call to set up a meeting with a member of The Warren Firm team to get started today.