When you have been injured by someone else's negligence, how long do you have to file a claim or case in Virginia? This is a critical question that Kevin Mottley addresses frequently, and understanding Virginia's statute of limitations is essential for protecting your legal rights.
Virginia's Two-Year Rule
The General Statute of Limitations
In Virginia, the general rule is that you have two years from the date that you were injured to file that case in court. This is known as the statute of limitations period, and it's a firm deadline that must be respected.
Consequences of Missing the Deadline
If you miss that deadline, you can never bring that case. This is an absolute bar to recovery—there are no second chances once the statute of limitations has expired. You will not be able to recover even a single dollar for your injuries if you file your lawsuit after the two-year deadline has passed.
Why Time Is Critical
Start Acting Immediately
It's very important to act in a timely fashion for several reasons:
- Document what has happened to you
- Contact and evaluate different lawyers
- Consider which attorney you may want to hire
- Preserve evidence before it's lost or destroyed
- Get proper medical attention and treatment
- Gather witness statements while memories are fresh
Don't Wait Until the Last Minute
It's really important to start thinking about that deadline right away because if you miss it, you're forever barred from bringing that claim and you're not going to recover compensation for your injuries. Waiting until the last minute leaves no room for unexpected complications or delays.
Important Exceptions to the Two-Year Rule
Minors (Under 18 Years Old)
There are exceptions to the two-year statute of limitations rule, so Kevin Mottley encourages you to call a lawyer and talk to a lawyer about your specific case. One significant exception is if the person who is injured is a minor—someone under the age of 18. In these cases, minors have more time to file their lawsuit because the statute of limitations period will not start running until they reach the age of majority, which is their 18th birthday.
Other Rare but Important Exceptions
There are other exceptions that, although rare, sometimes come into play, such as:
- Discovery rule for certain types of injuries
- Defendant's absence from the state
- Fraudulent concealment of the cause of action
- Mental incapacity of the injured person
Different Time Limits for Different Cases
Medical Malpractice Cases
Medical malpractice cases in Virginia have their own specific statute of limitations rules, which can be shorter than the standard two-year period in some circumstances.
Wrongful Death Cases
Wrongful death claims in Virginia have a two-year statute of limitations that typically runs from the date of death, not the date of the incident that caused the death.
Government Claims
Claims against government entities often have much shorter notice requirements and filing deadlines that can be as short as six months.
The Discovery Rule
In certain limited circumstances, Virginia courts may apply a "discovery rule," which means the statute of limitations doesn't begin to run until the injured person discovers, or reasonably should have discovered, their injury and its cause. However, this rule applies only in specific situations and should never be relied upon without consulting an attorney.
Preserving Evidence Before It's Too Late
Evidence Deteriorates Over Time
Beyond the legal deadline, there are practical reasons to act quickly:
- Physical evidence at accident scenes disappears
- Witness memories fade
- Documents get lost or destroyed
- Surveillance footage is often deleted after 30-90 days
- Medical records become harder to obtain
Legal Investigation Takes Time
Proper legal investigation of your case takes time. Your attorney needs time to:
- Gather and review all relevant documents
- Interview witnesses
- Consult with expert witnesses
- Obtain necessary medical records
- File the lawsuit and serve the defendants
Don't Risk Your Recovery
Seek Legal Counsel Early
Given the strict nature of Virginia's statute of limitations and the various exceptions that may apply, it's important to consult with an experienced personal injury attorney as soon as possible after your accident. Kevin Mottley and The Mottley Law Firm can evaluate your specific situation and ensure that all deadlines are met.
Free Consultation
Most personal injury attorneys, including The Mottley Law Firm, offer free consultations to discuss your case and explain how the statute of limitations applies to your specific situation. There's no risk in calling early, but there's significant risk in waiting too long.
Protect Your Rights Today
If you've been injured in an accident in Richmond, Virginia, or anywhere else in the state, don't let time work against you. Contact The Mottley Law Firm today to discuss your case and ensure that your legal rights are protected. Kevin Mottley's experience with Virginia personal injury law can help you navigate these critical timing issues and pursue the compensation you deserve.
Remember: when it comes to the statute of limitations, time is not on your side. Act now to protect your rights and your future.
