You may have heard the term “statute of limitations,” which refers to laws that limit the amount of time that a person has to file a lawsuit after they have sustained a personal injury. If you have been in some sort of accident in Virginia, it is important to understand that the statute of limitations is relatively short: two years.
Virginia law does consider some exceptions to this, although it is probably best for you to file your claim within the two-year period if at all possible. Typically, the statute of limitations time begins to move forward as soon as the accident occurred.
What are the exceptions to the statute of limitations?
Sometimes, the nature of injuries is such that the presence of an injury is not always apparent right after it has happened. In fact, sometimes the injury doesn’t become apparent until after the statute of limitations has passed. Because of that, in some cases, the “discovery rule” may be considered, which means that the clock starts ticking at the point when the injury was discovered, not when it necessarily occurred.
Additionally, the statute of limitations may be halted in a time period in which the person who was injured is not able to file the lawsuit. Some reasons for that may be that the injured person is a minor or the person is not mentally competent to file the lawsuit. On the other hand, there may also be times when the statute of limitations is shortened, which only happens if both parties involved agree to that.
What are the factors involved in determining the time limits on the statute of limitations?
There are several factors that may be involved in the time limits for filing a personal injury lawsuit. This may be confusing to some people at times. Because it is not always easy to figure out, it may be a good idea to consult a personal injury lawyer, who can walk you through the process and advise you about what to do and how to protect your rights at the same time. If you have been injured because of someone else’s negligence or recklessness, the right legal counsel may make a tremendous difference to the outcome of your case so that you can move on with your life and look forward to a brighter future.