FREQUENTLY ASKED QUESTIONS ABOUT PERSONAL INJURY CASES
What is a statute of limitations?
Every claim must be settled or filed in court within a particular period of time from the date of the injury. This period of time is called the “statute of limitations.” If you wait too long and the time to bring a lawsuit passes, you can lose your right to bring a claim. Statutes of limitations vary from state to state and from claim to claim. Generally, you must settle or file auto accident claims in Virginia within two (2) years of the collision. The statute of limitations in medical malpractice cases, intentional harm cases, or any case in which the injured person is a minor, are more complicated. During our initial consultation, we will explain the statute of limitations regarding your case.
It is important to consult an attorney well in advance of your statute of limitations. We need time to investigate your claim before filing a lawsuit. Also, as of July 2005, Virginia passed a new law requiring that plaintiffs of medical malpractice claims obtain a letter from a doctor who has reviewed the case and opines that it has merit. (Click here for more information about this law) It may take up to several months for a doctor to review your medical records and issue an opinion. That’s why we advise you to contact an attorney sooner rather than later. |
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