Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Virginia’s Two-Year Deadline
Under Virginia law, you generally have two years from the date of your accident to file a personal injury lawsuit. See Va. Code Ann. § 8.01-243. If you miss this deadline, a court will likely dismiss your claim regardless of its merits.
When the Clock Starts
The limitation period begins on the date of the injury or accident. For example, if you slipped and fell on June 1, 2022, you must file suit by June 1, 2024. If you discover an injury later—such as latent harm from toxic exposure—the clock starts on the date you actually discover the harm or reasonably should have discovered it.
Exceptions and Tolling
- Minor plaintiffs: The two-year period suspends until a minor turns 18, then resumes for two years. See Va. Code Ann. § 8.01-243(B).
- Medical malpractice: Claims involving foreign objects inadvertently left in the body have a one-year deadline under Va. Code Ann. § 8.01-581.1.
- Fraudulent concealment: If a defendant concealed facts that gave rise to your injury, the statute may toll until you discover the concealment.
Consequences of Missing the Deadline
If you file after the statute expires, the defendant can file a motion to dismiss. A judge will likely grant that motion, ending your case before it even begins. Courts rarely grant exceptions beyond the statutory tolling rules.
Helpful Hints
- Confirm your accident date. The clock starts on the actual incident date or the date of discovery.
- Document injuries and treatments promptly. Early records help establish when you knew of your harm.
- Review special rules for minors and medical malpractice claims. Different time limits may apply.
- Consult an attorney well before the two-year mark. Allow time for investigation and pleadings.
- Keep copies of all correspondence and medical bills. They can support tolling arguments if needed.