Timelines to Consider in Personal Injury Claims

After a serious injury results from another party’s negligence, timing can be critical. The amount of time from the injury to seeking medical care can be the difference between an injury that is ultimately treatable and one from which a person cannot fully recover. The length of time that passes between the date of an injury and the filing of a claim is also critical. Depending on the circumstances, if too much time passes, a case where the other party’s fault and liability is obvious could ultimately result in that liable party avoiding any consequences for their actions — simply because the clock on a case has run out.

This latter issue concerns the statute of limitations for particular kinds of personal injury cases and related claims in Richmond. What timelines do you need to consider if you are planning to seek compensation after an auto accident, a pedestrian collision, or another type of incident resulting in a personal injury? Consider the following information from a Richmond personal injury attorney at our firm.

Insurance Policies Can Have Their Own Timelines 

The timeline for reporting an accident to an insurance company or filing an insurance claim is not the same as a statute of limitations that exists under the Code of Virginia. Instead, depending on the type of accident, the circumstances surrounding the injury, and the type of insurance claim you plan to file, you may need to report the injury within a particular amount of time or file the claim within a particular time window. You should have a personal injury attorney assess the insurance policy and any timing requirements that you must meet in order to be eligible for a payout.

Personal Injury Statutes of Limitations 

When a person is injured in any type of incident mentioned above, or in any other circumstance where another party is liable, a personal injury lawsuit — distinct from an insurance claim — will have a specific statute of limitations. Under Virginia law, the statute of limitations on most types of personal injury lawsuits is two years. What this means is that the person who was injured usually is required to file their lawsuit against the allegedly liable party or parties (sometimes more than one person or entity can be liable) within two years from the date the injury occurred.

Wrongful Death Statute of Limitations 

When a person dies from injuries caused by another party, it is not possible to file a personal injury lawsuit, but it may be possible to file a wrongful death lawsuit. The statute of limitations on wrongful death lawsuits in Virginia is also two years, but these lawsuits must be filed within two years from the date of death (rather than two years from the date of the injury).

Often personal injury and wrongful death lawsuits are filed in addition to insurance claims. Given that insurance claims can take quite a while, it is essential to begin working on a lawsuit with your lawyer as soon as possible to ensure that the case is filed before the statute of limitations runs out and the claim becomes time-barred.

 Contact Our Richmond Personal Injury Lawyers Today

Do you have questions about the timing of your personal injury claim? One of the experienced Richmond personal injury attorneys at Latham & Martin can speak with you today about requirements under Virginia law, and we can begin working with you on your case. Contact us for more information.

Sources:

law.lis.virginia.gov/vacodefull/title8.01/chapter4/#:~:text=Unless%20otherwise%20provided%20in%20this,the%20cause%20of%20action%20accrues

law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/