Detailed Answer

Short answer: Under Virginia law, if you do not settle your personal injury claim and you fail to file a lawsuit before the statute of limitations runs, you generally lose the right to sue and recover money. The defendant can ask a court to dismiss your case as time-barred. There are narrow exceptions, but they are fact-specific and often require written agreements or court rulings to preserve rights.

How Virginia’s time limit works

Virginia sets a deadline (a statute of limitations) for bringing most personal injury lawsuits. For typical personal-injury claims, that deadline is two years from the date the injury occurred. See Virginia Code § 8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/.

What happens if you miss the deadline?

• Claim is barred: If you do not file a lawsuit before the two-year deadline (or other statute that applies to your type of claim), the defendant can move to dismiss your case as time-barred. If the court grants that motion, your claim is dismissed and you ordinarily cannot recover money for the injury.
• Negotiations do not stop the clock: Ongoing settlement talks or a defendant’s informal promise to negotiate generally do not extend the statute of limitations. You should not rely on negotiations alone to protect your right to sue.
• Filing preserves your rights: Filing a complaint in court before the deadline preserves your right to pursue the claim even if you later settle or continue negotiating.

Common exceptions and ways to preserve a claim

There are exceptions and tools that can extend or preserve your deadline. Which, if any, apply depends on the facts:

• Tolling for special circumstances: Virginia law recognizes limited tolling rules in some situations (for example, when the injured person is a minor or is legally incapacitated, or in other narrow circumstances). Whether tolling applies depends on specific facts and applicable code provisions or case law.
• Discovery rule for latent injuries: In some claims (for example, where harm was not immediately discoverable), the limitations period may run from the date you reasonably discovered the injury rather than the date of the event. How this rule applies varies by claim type and court decisions.
• Tolling agreement: Parties can enter a written agreement to extend the statute of limitations (a tolling agreement). That agreement must be in writing and signed to be reliable. A tolling agreement lets you continue negotiations without filing suit immediately.
• Filing and dismissing without prejudice: In some situations an attorney may file a timely complaint and later dismiss it without prejudice to preserve rights while negotiations continue. But procedural rules and local practice matter; you should get legal advice before pursuing this strategy.

Practical result if you do nothing

If you let the deadline pass with no lawsuit filed and no valid tolling agreement in place, the court will likely dismiss any later suit as untimely. That means you will be legally barred from getting compensation through the courts for your injury even if your case has merit.

What you should do now

1. Check the deadline: Determine when the injury occurred and calculate the relevant statute of limitations (commonly two years under Va. Code § 8.01-243). Read the statute.
2. Act before the deadline: If the deadline is approaching, either file a lawsuit or sign a written tolling agreement with the defendant. Do not rely solely on verbal promises or ongoing settlement talks.
3. Talk with an attorney: A Virginia personal injury attorney can advise whether any tolling rules, the discovery rule, or other exceptions might apply to extend your time to sue and help you preserve your claim.
4. Preserve evidence and records: Keep medical records, photos, witness information, bills, and written communications about settlement—these matter whether you settle or sue.

Final notes

Deadlines in civil law are strict. A missed statute of limitations usually ends your right to recover through the courts. If you are unsure about deadlines, tolling, or whether you should file, consult a Virginia attorney promptly to avoid accidentally losing your claim.

Disclaimer

This article is informational only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Virginia attorney.

Helpful Hints

• Calculate the two-year period from the date of injury for most personal injury claims under Va. Code § 8.01-243: law.lis.virginia.gov.
• Do not assume settlement talks stop the clock—get a written tolling agreement if you and the other side need more time.
• If you must preserve your rights quickly, filing a complaint before the deadline is often the safest course.
• Keep detailed records: dates, medical visits, bills, photos, and witness contact info.
• Contact an attorney early—missing the statute of limitations is one of the most common ways people lose valid claims.