What is a Statute of Limitations?
The statute of limitations is a legal time limit within which a person must bring a legal action. The statute of limitations is a crucial component of the legal system in Virginia. It sets a time limit within which legal actions must be brought, providing finality and certainty to legal disputes.
Once the time limit has passed, a person may no longer bring a legal action, regardless of the strength of their claim. This allows individuals and businesses to plan and make decisions with certainty, knowing that they will not face legal action for past incidents forever.
Additionally, the statute of limitations helps ensure that evidence and witness testimony are still available and reliable. Over time, memories fade and evidence may be lost or destroyed. By setting a time limit for legal action, the statute of limitations helps to ensure that legal disputes are resolved while evidence and testimony are still fresh.
It is important for individuals and businesses to be aware of the statute of limitations when considering legal action, as failure to file a legal action within the time limit may result in the claim being barred forever.
What are the Virginia State of Limitations for Different Claims?
In Virginia, different types of claims have different statutes of limitations.
Personal Injury
In Virginia, most personal injury claims must be filed within two years from the date of the accident or injury. This includes cases like car accidents, slip and fall incidents, dog bites, and other negligence-based injuries.
Waiting too long can make it harder to gather evidence or locate witnesses, so it’s best to speak with a lawyer as soon as possible after the incident.
Wrongful Death
When someone dies due to another person’s negligence or misconduct, the deceased person’s family or estate has two years from the death of the injured person to bring a wrongful death lawsuit in Virginia.
These cases can involve car accidents, medical malpractice, workplace incidents, or other fatal injuries, and they aim to recover damages for funeral costs, lost income, and the family’s pain and suffering.
Medical Malpractice
Victims of medical malpractice in Virginia generally have two years from the date of the negligent act to file a claim.
However, if the injury was not immediately discovered, the law may allow a limited extension from the date the injury is discovered or should have been discovered. Malpractice claims also involve special procedural requirements, so consulting an attorney early is crucial.
Property Damage
Claims for property damage in Virginia have a five-year statute of limitations. This covers harm to real estate or personal property, such as damage from a car accident, construction defects, or vandalism.
Even though the deadline is longer than for personal injuries, it’s still important to act quickly to preserve evidence and protect your rights.
Exceptions & Tolling (Minors, Fraud, COVID window)
There are some exceptions to the statute of limitations listed above, and some claims may have shorter or longer time limits depending on circumstances.
For instance, the statute of limitations may be tolled in certain situations, such as:
- Claims by a minor,
- The death of the injured person, or
- The institutions of related criminal proceedings.
The statute of limitations is also tolled in certain cases as a result of the Covid-19 pandemic.
There are different limitations periods for other claims than the ones listed above. The best practice is to consult an attorney to identify the precise limitations period that applies to your case, as the consequences of missing the limitations period can be disastrous.
Contact a Richmond, Virginia Personal Injury Lawyer Today
If you’ve been injured in an accident or believe you may have a claim, don’t wait until it’s too late to take action. The statute of limitations places strict deadlines on how long you have to file, and missing them can permanently prevent you from recovering the compensation you deserve.
Schedule your free consultation online today or call 804-597-6295 to discuss your situation, understand your legal options, and take the first step toward getting the accountability and compensation you deserve.