What is the time limit to file a personal injury case in Virginia?

Personal injury law in Virginia extends to those who are injured due to the negligence or intentional tortious act of another. The law dictates when a case can be brought as well as the amount of damages a plaintiff may be awarded. If a plaintiff fails to follow the specific requirements set forth, his or her case may be barred.

Statute of Limitations

Virginia law provides that an injured party must file a claim within two years of the date of his or her injury. However, if the injury was not discovered or able to be discovered within those two years, the injured party has two years from the date of discovery to file a lawsuit. Not filing within this two year time period can result in the case being barred.

Evidentiary Proof

Personal injury lawsuits are brought in Virginia's civil courts. To win a case, the injured party must show that the other party acted negligently and that this negligence caused the injury. Negligence is commonly proven by showing that the wrongdoing party failed to use ordinary care in his behavior and actions.

Damages in Virginia

Any party claiming personal injury in Virginia must also prove damages. To do this the injured party must have incurred some expense, lost a bodily function, been permanently damaged or suffered some type of injury that impacts his or her daily life. the plaintiff's injury(ies) must warrant medical treatment or have debilitating effects in order for the plaintiff to receive damages.

Virginia allows the injured plaintiff to recover the following damages caused by the accident:

• previous and future medical expenses
• lost wages
• repair or replacement cost of damaged property
• permanent disability or disfigurement
• emotional distress
• change in the plaintiff's future earnings caused by the accident.

Talk with an experienced personal injury lawyer to discuss your case.