Understanding Virginia’s Deadline for Personal Injury Claims

The aftermath of an accident is a chaotic whirlwind of hospital stays, doctor visits, ongoing treatment, and lots of paperwork.

While it may seem like you have plenty of time to get your Virginia personal injury claim filed and processed, it is easy for time to slip away from you until you are suddenly backed up against the deadline and running out of time.

Learn how long you have to file a personal injury lawsuit in the Commonwealth of Virginia and how a skilled Virginia personal injury lawyer can help you through the entire process.

Montagna Law has extensive experience in Virginia personal injury law and will be with you every step of the way. Contact our law firm at 877-622-8100 for a free consultation.

How Long Do You Have to File a Personal Injury Lawsuit in Virginia?

The Commonwealth of Virginia imposes a two-year statute of limitations to file a personal injury lawsuit. This starts on the date of the accident.

Ideally, you want to file as soon as possible, but even if you think you missed the two-year period, you should consult with a personal injury attorney who is well-versed in Virginia law. The reason is that there are some exceptions to the two-year filing rule where a delay of the two-year statute of limitations is possible.

Examples include whether the injury occurred before the victim’s 18th birthday and certain types of medical malpractice claims (e.g., foreign object left behind in the body during surgery), to name two. Your attorney can determine whether a delay of the two-year statute of limitations is applicable to your case or if any other special rules apply.

Statute of Limitations on Wrongful Death Claims in Virginia

Virginia statute of limitations is also two years for wrongful death claims. The two-year time frame begins on the date an injured person passes away, so it is important to file as soon as possible because it takes time to build a case.

How Long Do Most Personal Injury Claims Take in Virginia?

It is difficult to accurately answer the amount of time a personal injury claim will take to be settled. Generally speaking, it could be weeks, or it could be years. What will determine the length of your case will be the type of personal injury, the circumstances of the case itself, and whether there are any complexities.

If the insurance company accepts liability and subsequently offers fair compensation to settle the case, your case will probably finish fairly quickly. However, if the company heavily contests your claim, it could take much longer for your case to be resolved.

When Should You Hire a Personal Injury Lawyer in Virginia?

While Virginia’s statute of limitations may sound like you have a long time, it is really to your benefit to obtain legal representation from an experienced personal injury attorney as soon as possible. Aside from ensuring you do not miss the deadlines under Virginia personal injury statutes, you preserve your legal rights and gain other benefits as well.

Insurance companies are likely to call you quickly to ask questions. Oftentimes, in an attempt to shift blame, they will try to get an injured party to implicate themselves. Your attorney can serve as the “middle man” to negotiate with the companies and advocate on your behalf for a result that is in your or your loved one’s best interests.

You focus on healing, your attorney will not miss Virginia’s personal injury statute of limitations, handle all paperwork, and deal with any other legal issues associated with your case.

Why Work With Montagna Law

Montagna Law has been serving the entire Hampton Roads area for several decades. Dedicated to championing the rights of injured persons, our compassionate personal injury attorneys are fully committed to each client and will tirelessly work on their behalf to help them receive fair compensation for their injuries.

Clients often turn to Montagna Law due to our reputation of thoroughly knowing Virginia Law, our willingness to go the extra mile, and for putting our client’s needs first. Our legal team knows how to gather the necessary evidence in accident cases and how to best present a case.

We understand the challenges and difficulties families face after suffering a serious injury or wrongful death and will do all we can to help ease the pain. The attorney-client relationship is very important to us. When you choose Montagna Law, you will never feel alone. You will always have access to us, and we will keep in steady contact with you about your case.

How We Have Helped Our Clients

Montagna Law has won millions in settlements, judgments, and verdicts for motor vehicle accidents, and we have more than 50 years of experience representing Virginia accident victims. Just a few of our victories include:

• $750,000 for a car accident case
• $995,000 for a truck accident case
• $500,000 for a motor vehicle case

Testimonials

“I found that this firm is the best firm I ever been with for me and my husband. I also found that Katie Jones has been really great. Katie Jones is very good about letting us know about what we need to do for our case and what they are doing for our case. I love the communication they have with us. I recommend this firm.” — Jill H.

“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” — Constance H.

Don’t Wait Til It’s Too Late. Call Montagna Law Today.

Unless a case is eligible for a delay to extend the two-year time limit, your window to file can run out fast. Montagna Law is fully versed in Virginia law, and our personal injury attorneys understand the trauma accident victims and their families face in the aftermath of an injury.

If you or a loved one suffers injury from a motor vehicle accident, workplace accident, maritime accident, dog bite, product liability injury, medical malpractice case, or another type of injury, our lawyers can help.

The Montagna Law team is fully committed to helping families heal and move forward in what might be a difficult situation. Money can’t ever replace certain losses, but it can help you avoid going into debt and may ease some pain knowing the at-fault party is held responsible for their actions.

To schedule a free case evaluation for your personal injury case, contact Montagna Law at 877-622-8100 or fill out our online contact form.