You have suffered a personal injury that was not your fault, but you decide that you just don’t have the time or energy to contact a lawyer. But don’t wait too long, or your claim could be subject to something known as a “statute of imitations.”
Statutes of limitations are laws passed by the Virginia Legislature that set strict time limits on how long you have to file a “civil” lawsuit, like a personal injury claim [1]. There are two rules to keep in mind regarding statutes of limitations[2]:
- The time period starts running down on the date your claim arises or “accrues” (the date of your personal injury); and
- Once the statute of limitations expires or “runs,” you can’t file a lawsuit.
There are many civil claims, and each is governed by its own statute of limitations. The statute of limitations for personal injury claims expires or “runs” after 2 years [3]. What this means is that you only have 2 years from the date of your personal injury to file a lawsuit. While this might sound like a lot of time, a personal injury claim goes through many stages prior to litigation. These include: (1) your recovery from your injuries; (2) preparing the case for submission to the insurance company; and (3) the negotiation process.
However, if the incident involves a government entity, the rules are stricter. In those cases, the claimant must provide notice of the claim within six months. Once proper notice is given to the government within that timeframe, the standard two-year deadline for filing the lawsuit will apply.
The stages of a personal injury claim can be time consuming, and if the clock runs out on the statute of limitations before you either settle or file a lawsuit you will not get the money you deserve. If you have suffered a personal injury that was not your fault, it is important that you contact an attorney regarding your claim as soon as possible.
[1] http://research.lawyers.com/Virginia/Virginia-Statutes-of-Limitations.html
[2] Id.
[3] Va. Code § 8.01-243(A)
