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What Is the Statute of Limitations for a Car Accident in Virginia?

Aug 18, 2021 | By Rand Robins | Read Time: 4 minutes

A serious car accident represents a traumatic and life-changing experience for many people. You may be overwhelmed at the prospect of pursuing a personal injury claim against the other driver. The good news is that an injured person has two years to file a claim in court for personal injuries.  However, it is critical to contact a personal injury attorney promptly after a serious car wreck for two important reasons:  1) the insurance company for the at-fault driver will begin working against you immediately with the goal of convincing you to take a low-ball settlement and 2) evidence of the crash must be obtained as soon as possible because vehicles get repaired and memories fade. Read on to learn more about the statute of limitations on car accidents in Virginia. You are entitled to recover compensation for your injuries and damages following a car accident and you don’t want to forfeit that right by pursuing your claim too late. What Is a Statute of Limitations for a Virginia Car Accident? Virginia code § 8.01-243 dictates the statute of limitations for a Virginia car accident. However, a few separate statutes of limitation may play a part after your Virginia car accident.  Personal Injury Statute of Limitations  Under the umbrella of personal injury claims, Virginia law permits individuals to bring a claim within two years of the date of the accident. Two years may seem like a long time, but it goes by quickly if you have sustained a serious injury. It is important to promptly contact an experienced personal injury attorney to protect your interests from the earliest possible juncture. Insurance company adjusters will try to buddy up to an injured person, hoping to talk them into taking a low-ball settlement before it is even possible to know the extent of the injuries or amount of medical bills. INSURANCE ADJUSTERS ARE NOT YOUR FRIENDS. Their job is to pay as little as possible to get your signature on a release.  They do not care if you get stuck with big medical bills or needing surgery several months after a crash. They will call you as soon as they get your number, which an attorney cannot do under Virginia ethical rules.  Just like speaking to law enforcement, remember that “anything you say to an insurance adjuster can and will be used against you.”   Vehicle Damage Statute of Limitations The statute of limitations for recovery of compensation related to vehicle damage following a car accident in Virginia is five years. Claims under this section also include damage to property resulting from a car accident in Virginia.  Wrongful Death Statute of Limitations The surviving family members of a deceased person have the option to file a wrongful death claim. If a Virginia car accident caused the death of a loved one, a surviving spouse, child, or another family member may bring a wrongful death claim against the driver. The statute of limitations for a wrongful death claim after a Virginia car accident is two years from the date of death.  Few exceptions exist for the extension of this statute of limitations. However, in certain situations, your claim may not be barred despite filing past this two-year mark. For instance, if a surviving child was a minor at the time of the death, the statute of limitations does not begin running until the child reaches the age of 18.  Other than very limited exceptions, court extensions to the statute of limitations are rare. This will get the ball rolling sooner rather than later, and help you avoid the dismissal of your claim.    There are procedural steps that must be followed before filing a lawsuit for a deceased person.  This means it is even more important to contact an attorney as soon as possible after someone is killed as a result of carelessness or worse. How Is Fault Determined in a Virginia Car Accident?  After a car accident in Virginia, it’s vital to call a police officer to respond to the scene. Virginia law requires a police officer to file a car accident report if a car accident causes more than $1,500 in property damage. Law enforcement officers interview involved parties, witnesses, and vehicle occupants. Additionally, the responding officer may provide observations in the report of their understanding of the cause of the car accident.  In addition to the car accident report, other factors aid in the determination of fault in a car accident in Virginia, including: Evidence gathered at the scene,  Photographs,  Witness statements, and Videos, particularly from body worn cameras, security cameras, and even dash cameras.  Additionally, write down your immediate recollection of the car accident, if possible. Memories fade quickly; however, recording an accurate diary of the events leading up to the accident assists in your claim. A personal injury attorney can assist you in gathering this supporting evidence. An attorney also aids in ensuring you do not miss the statute of limitations after a car accident in Virginia.  What Is Contributory Negligence?  In addition to the strict statute of limitations laws after a Virginia car accident, Virginia also exercises a policy of contributory negligence in personal injury cases. Contributory negligence provides that one must be without fault to recover. In other words, if you were negligent, even if your negligence was relatively nothing compared to the defendant’s, and your negligence was a proximate cause of the crash, you may lose your case and you can be sure the insurance company will deny your claim.  For this reason, it’s vital to retain an experienced personal injury attorney to assist in your claim for damages.  What Can I Recover in a Virginia Car Accident? Under Virginia law, after a car accident, you are entitled to recover both economic and non-economic damages.  Economic Damages Economic damages are quantifiable monetary losses. Common examples of economic damages include: Past and future medical expenses,  Loss of past and future earnings, Loss of use of property, Costs of repair or replacement, Loss of services. Retain all documentation of expenses. Economic damages […]

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What Is the Average Settlement Amount for Car Accidents in Virginia?

Aug 17, 2021 | By Rand Robins | Read Time: 3 minutes

There are no two ways about it: car accidents are painful. They aren’t just physically painful either. Car accidents often also cause mental pain and anguish and can hurt our financial situation as well. Despite our best efforts as drivers, car accidents are sometimes unavoidable. In Virginia, a fault state, you typically seek compensation for car accidents through the at-fault party’s insurance provider. When clients come to Lantz & Robins for help with their car accident claim, we often find ourselves answering similar questions. One of the most common questions we get from our clients is, what do you think my case is worth?  The question seems like a relatively simple one, but the answer is not. Unfortunately, there are no typical car accident settlement amounts. Thus, without looking at your case specifically, including how the crash happened, what injuries you had, whether the other driver was properly or adequately insured, what medical treatment you get or may need in the future, we can’t provide an accurate estimate of your claim’s worth.  Why Is There No Average Car Accident Settlement? There is no typical or average car accident settlement because there is no typical car accident. Every car accident has numerous factors that impact what any final settlement will look like.  Even if the exact same accident occurs between the same people, a different settlement may arise in different circumstances. Add to that the fact that non economic damages, such as those for pain and suffering, can depend upon the factors that make each human being and case unique, and you can see how the same accident might produce different results. Different judges, attorneys, insurance providers, and jurors can also have an impact on a final settlement amount. In sum, there are simply too many different factors that go into car accidents to come up with any sort of average car accident claim. What Factors Impact the Amount of a Car Accident Settlement? One of the biggest factors that impacts a given car accident settlement is the damages that arise. The severity of each type of damage also impacts final settlement amounts. The following list shows some of the types of damages that can arise out of a car accident: Emergency medical transport, Emergency medical care, Surgery, Rehabilitation, The loss of the use of a bodily function, The loss of a loved one, Physical pain and anguish, Mental pain and anguish, Treatment for psychological issues arising from the accident, Property damage (usually damage to your vehicle), Requiring in-home care permanently or temporarily, and Permanent or temporary disability. Essentially, the more of these damages that apply to your specific case, the greater your eventual settlement will be. Furthermore, the more severe each of these damages are, the more it will amplify your settlement. Please note, however, that this is not an exhaustive list. There are many other relevant damages that may apply to your case. While there are other factors that may come into play, the type and severity of damages is often the most consequential. How Can I Make an Estimate of My Virginia Car Accident Settlement’s Worth? Some websites offer car accident settlement calculators. These tools cannot factor everything relevant into their calculations and you can bet your bottom dollar that these tools are not trial experienced attorneys who practice in the jurisdiction where your case would be filed.  Thus, instead of using such a calculator for your estimate, it’s best to consult with a personal injury attorney who is familiar with judges and juries in your area.  To help your attorney estimate your damages, you will first need a record of any economic damage that you suffered. You can estimate these damages by looking at the applicable bills, payments, or invoices. Once you have that information, add it up, and you have the value of your economic damages.  Unfortunately, because they are intangible and subjective, non economic damages like mental anguish and physical pain and suffering are far more difficult to place a value on. But an experienced attorney can help you do so. Better than any settlement calculator, your attorney knows how to take the numerous relevant factors into account. Things like future medical bills and the cost of non economic damages are difficult to place a value on yourself. However, drawing on their experience from previous cases, your car accident attorney can help you make an accurate estimate. Ready to File a Virginia Car Accident Claim? If you are ready to file your Virginia car accident claim, Lantz & Robins is here to help you. Our team of car accident attorneys has the experience necessary to get you the settlement you deserve. We are proud to say that we limit our attorneys’ caseloads so that we can give your case the attention it deserves. In doing so, we get better results for our clients than some of the other law firms that take on any case that comes their way.  Lantz & Robins is proud to be a member of the Virginia Trial Lawyers Association, The American Association for Justice, and Super Lawyers. Our consultations are always free, so there is no risk in giving us a call. Let us take care of your Virginia car accident claim. Call Lantz & Robins today!

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Why a Personal Injury Attorney in Richmond, VA, Will Not Take Your Case

May 26, 2021 | By Rand Robins | Read Time: 5 minutes

It might discourage you if a Richmond personal injury attorney does not take your case. If someone rejects your case, no one can blame you for thinking that there is something wrong with it. However, don’t let a lawyer not taking your case dissuade you from pursuing your claim. The rules are pretty cut and dry: if someone else’s negligent actions injure you, they are liable for the associated damages. This fact remains unchanged regardless of whether a given attorney decides to take up your claim.  There Are Many Reasons to Not Take a Case If a lawyer rejects your claim, your claim might have a flaw. But there could be other reasons. Lawyers have to assess each claim that prospective clients bring them to determine whether to take it. The number of reasons lawyers have to accept or reject a given claim is practically infinite. Many of the reasons have little, if anything, to do with the quality of a claim. To figure out why your claim was rejected, your best option is to ask the lawyer. Barring that, however, consider a few of the many reasons why personal injury attorneys do not take certain claims to see what might apply to your case.  You Are Liable for the Injury This reason not to take a given case has everything to do with the quality of a claim. If a personal injury attorney looks into the facts and circumstances around a given claim and believes the claim has little or no chance of success in court, they will likely reject it. For example, a lawyer might reject your personal injury case because you are trying to hold someone else liable for an accident that you are at fault for.  Lawyers, particularly personal injury lawyers, are reluctant to take on losing cases. Many personal injury attorneys work on the basis of contingency fees. This means they only receive payment if they win or otherwise settle a case. Thus, if a case has a very limited chance of success, a personal injury lawyer who works on that case has a very limited chance of seeing payment. Law firms are businesses like any other; without revenue they cannot continue to operate successfully. There Was No Negligence or Intent Involved A person who causes someone else to injure themselves is not always liable for the relevant damages. In fact, there are four cumulative requirements to demonstrate civil liability in personal injury cases: A duty of care exists at the time of the incident; Someone breaches that relevant duty of care in the incident; There is a causal link between the breach of duty and subsequent injury; and The injury/incident leads to real damages. Essentially, the first two elements represent one concept as a whole: negligence or intent. Someone acts negligently when they fail to uphold a duty of care that they owe to someone else. A duty of care, for example, exists between all drivers on the road. All drivers have a duty of care to follow the rules of the road and avoid driving in an unsafe manner. Someone breaches that duty of care when they are careless or disobey traffic laws. Without negligence or intent, a personal injury case falls apart. Thus, if a lawyer listens to your story and determines that the at-fault party did not act negligently, they will likely reject your case.  They Have a Full Caseload If a Richmond personal injury lawyer will not take your case, they may have a full caseload already. Like other businesses that provide services, there is a limit to the amount of services law firms can provide. Each lawyer has a finite amount of time, so they cannot take every case that a client brings them. Having a full caseload may be the only reason a personal injury attorney in Richmond, VA, rejects your case. Your Damages Are Insufficient Some personal injury lawyers only take cases that involve damages that exceed a set number. If the estimated damages fall below that number, they will not take the case. Some personal injury attorneys use this practice to maximize profit, while others use it because their expertise lies with catastrophic injuries specifically. In addition, some lawyers will use this strategy to elevate their law firm’s reputation. By only taking big cases, these firms hope to differentiate themselves from others in the area by demonstrating their ability to litigate the biggest cases around. If the total damages in your personal injury case are below a certain amount, some personal injury attorneys will reject your claim. The Lawyer Has a Conflict of Interest Sometimes a personal injury lawyer will reject your claim due to a real or potential conflict of interest. A conflict of interest arises when someone has a vested interest in one outcome that conflicts with their vested interest in another outcome. The American Bar Association prohibits its members from allowing their own interests to adversely affect their representation of a given client. The best way for attorneys to avoid conflicts of interest is to avoid any situations with potential conflicts of interest. Thus, if you consult with a personal injury attorney and they foresee a potential conflict of interest, they might reject your case. Such a situation may arise, for example, if the attorney you consult with already has the responsible party as a client. It Is Too Late to File a Claim If you can no longer file a claim for your personal injury, any lawyer you consult with will likely reject your case. There is always a time limit to recover damages after a personal injury. Once the time limit, known as a statute of limitations, expires, you cannot legally file a claim to recover damages. If the claim goes to court, a judge will reject it.  The statute of limitations for personal injury claims in Virginia is two years. Thus, you have two years from the date of your personal injury to file a claim to recover damages. Virginia’s […]

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I Got Hit By a Car While Crossing the Street—Now What?

May 26, 2021 | By Rand Robins | Read Time: 3 minutes

Getting hit by a car is every pedestrian’s worst nightmare. When a pedestrian is hit by a car, catastrophic injuries are not uncommon. When a collision occurs, the human body doesn’t stand a chance against the impact of a car. Everybody knows that if you get hit by a car while you are crossing the street in Virginia, the person driving the car owes you money for any injuries you suffer. After all, if you cross the street when allowed to do so, why should you pay for your injuries? You followed all the relevant traffic rules, so you have a legitimate expectation that you can cross the street without being struck by a vehicle. It is true that the person who hit you is typically responsible for compensating you for your injuries, but how do you make that happen? Our experienced Richmond, Virginia car accident lawyers will explain. For assistance, please contact our firm online or call (804) 404-7870 to set up a free consultation. If you have been hit by a car while crossing the street, here are the steps you should take immediately following the accident: Seek Medical Attention The first thing you should do if you get hit by a car while crossing the street is seek immediate medical attention. If your injuries are serious enough to warrant an emergency room visit, call an ambulance immediately. Otherwise, if you can safely walk away from the scene of the accident, you should seek a medical evaluation as soon as possible. Many injuries that pedestrians suffer after being hit by a car are obvious. However, internal injuries, which are often even more serious than external injuries, may not be visible to the naked eye. As a result, an evaluation from a medical provider after a pedestrian-vehicle collision can save the pedestrian’s life. Furthermore, seeking medical attention provides a basis on which you can seek compensation.  Track All Injury-Related Expenses After seeking medical attention, the next thing you should do is track all your expenses that are related to the injury. When you receive treatment for injuries, the only way you can get compensation is by keeping track of the resources you used to treat those injuries. To do so, you should make sure you have a copy of every medical bill you receive. Without tracking the bills, you have no proof of your injuries and subsequent treatment and, as a result, can’t get compensation. Medical bills are not the only expense you should track after a pedestrian accident in Virginia. If you miss work due to your injury, keep track of the wages you lose as a result. You may need therapy to work through the emotional trauma of the injury or your injury may require continuing treatment like physical therapy. Keep track of all those bills. They will serve as evidence of the damages you suffered as a result of the injury. Without them, you may jeopardize your claim. Retain the Services of a Virginia Injury Attorney After you have received the proper medical attention for your injuries and kept track of all expenses related to your injury, you should contact and retain the services of a personal injury attorney in your area. Without a lawyer, it may be impossible to recover the damages you suffered. Your attorney will listen to your side of the story, help you craft a legal strategy, file the claim on your behalf, and, generally, guide you through the claims process. There is no substitute for an experienced Richmond, Virginia pedestrian injury lawyer in this regard. Personal injury attorneys have the requisite experience and expertise to help you get the compensation you deserve without running into roadblocks along the way. Are You Ready to Call an Attorney? If you are looking for a Virginia personal injury attorney to help you after getting hit by a car while crossing the street, contact us online or call Lantz and Robins at (804) 404-7870 today! Our team of Virginia personal injury attorneys will help you with whatever you need. Whether you need to file a claim, track your expenses, or negotiate a settlement offer, the personal injury lawyers at Lantz and Robins will advocate on your behalf to fight for the compensation you deserve. If you want to know how we have helped our clients in the past, check out our testimonials and case results pages for more information. Whatever you decide to do, don’t forget to call Lantz and Robbins for a free consultation!

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Penalties for Driving Without Insurance in Virginia

Apr 28, 2021 | By Rand Robins | Read Time: 4 minutes

If you are driving without insurance in Virginia (VA), you are playing Russian roulette. That is because driving without insurance in VA can lead to significant consequences. If you have been in a car accident and were without insurance, there are additional risks and considerations. The best way to address a driving without insurance case is for you to hire experienced Virginia attorneys with a long record of success. Virginia Motor Vehicle Law Regarding Insurance The Virginia Department of Motor Vehicles (VA DMV) mandates that to purchase license plates or decals (the first step to legalizing your motor vehicle), you must certify that you have at least minimum insurance coverage for the vehicle. Virginia requires the following minimum coverage: Bodily injury/death of one person $25,000, Bodily injury/death of two or more persons $50,000, and Property damage $20,000. The State of Virginia must also have authorized your insurance carrier to conduct business in this state. Is There Any Way to Legally Drive Without Insurance In Virginia? If you do not have insurance, you must pay a required uninsured motor vehicle fee. Paying the DMV this uninsured motor vehicle fee is the only option to legally operate a vehicle without insurance. Therefore, if you drive without insurance in VA and have not paid the uninsured motor vehicle fee, you are driving illegally. This is ill advised, as doing so puts you at great legal risk. What Is the Fine for Driving Without Insurance? Virginia Criminal Code and the VA DMV address consequences for the act of driving without insurance and not in compliance with the uninsured motorist rule. The potential outcome for violating the insurance laws include a fine of $500 or more and a Class 3 misdemeanor conviction. You may also face suspension of: Your driver license,  Vehicle registration certificates, and  Vehicle license plates. Driving without insurance after falsely certifying that you have insurance adds additional financial penalties. These fees often include: A $600 non-compliance fee, and A $145 reinstatement fee. You may also thereafter be required to file proof of insurance and financial responsibility for three years. What Happens If You Are Caught Driving Without Insurance and Get in an Accident? You may face the most significant cost for driving without insurance if you are in an accident. As an uninsured motorist, you may be personally liable for any costs to you or the other driver. This is true even if you have paid the uninsured motorist fee, as that fee does not provide you with any insurance coverage. Without question, you will need legal help from car accident attorneys to manage the complexities that can come from criminal sanctions and lawsuits you may face.  What If I Didn’t Know My Insurance Expired? It is not relevant whether you knew that your once-valid insurance expired. If you are operating a vehicle without insurance and have not paid the uninsured motorist fee, you violate the law. How Can an Attorney Help Me? Accomplished attorneys who handle traffic and accident cases understand that people make mistakes. They are available to help people address those mistakes by protecting their rights during hearings regarding driving without a license.  A fallacy is that you do not need a lawyer if you are going to admit to guilt. You will need lawyers to represent you during that process to ensure that the judicial system hears your voice and that you are treated fairly during the process. A firm specializing in traffic offenses will also help you understand any obligations you may face for violation of the law. Along with offering the above, our attorneys in Lantz and Robins, P.C., are equally committed to fighting charges on behalf of our clients. If you have been stopped by law enforcement and charged with driving without insurance, we will begin by investigating the actions of the police. There are rules they must follow to stop someone, and we will hear from you to evaluate whether they followed those rules. Finally, you need a lawyer who can work with the DMV and prosecutors regarding fighting your charges if there is evidence to do so. Being charged with driving without insurance does not mean that the charge is always valid. Attorneys know the law and will be prepared to ensure parties in our judicial system are not acting beyond their powers in their attempts to charge, prosecute, and sentence you. All too often, people feel that they know how to handle their traffic and insurance cases. However, the knowledge, experience, and successful case history of Lantz & Robins, PC, cannot be overstated. It is well worth your time to seek a free consultation with one of our lawyers. Lantz and Robins, P.C.: Your Richmond, VA-Based Car Accident Lawyers Our firm focuses on car and traffic accident cases. We have extensive experience handling cases involving vehicle insurance issues. We are a compassionate team of lawyers, and we never stop working toward delivering the best results for our clients. Lantz and Robins, P.C., is grateful to have clients happy with our services time and again provide strong testimonials on our behalf. Lantz and Robins, P.C., is a firm you can trust to handle your case correctly and provide you with personalized service.  With Lantz and Robins, P.C., you are more than a number, and skilled, dedicated attorneys handle your case. We are based in Richmond, Virginia, and our team of experienced trial attorneys is ready to help. For more information or to schedule your free consultation, please call 804-938-6393 or reach us via our website.

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Who Can File a Wrongful Death Suit in Virginia?

Feb 3, 2021 | By Rand Robins | Read Time: 2 minutes

The unexpected and sudden loss of a family member is never easy to accept. The loss is especially traumatic when your loved one’s death was due to someone else’s negligence. In this situation, certain family members may have the right to claim damages against the at-fault party. To find out who can file a lawsuit under the Virginia wrongful death statute, you need to speak with an experienced Virginia personal injury lawyer. At Lantz & Robins, P.C., we have decades of experience assisting Virginia clients with all their personal injury needs, including wrongful death lawsuits. Like other states, Virginia has its own laws on who can file a wrongful death lawsuit. These can be complicated claims to pursue, which is why you want an experienced lawyer who can help. Statutory Beneficiaries Can File Under the Wrongful Death Statute in Virginia Virginia allows those who are defined as statutory beneficiaries to bring a wrongful death lawsuit. There is a specific order of priority regarding who can bring a claim. And the lawsuit itself can be filed only by the personal representative for the estate. Individual family members cannot file. Although the estate representative is the one filing, any financial recovery will go to the appropriate beneficiaries.  Surviving spouses and children are the family members who have the first right to bring a wrongful death lawsuit in Virginia. If a child is deceased, the surviving grandchildren may bring a claim. If the deceased had no surviving spouse and no children or grandchildren, then the decedent’s surviving parents, siblings, and any other family member in the decedent’s household who was financially dependent can bring a wrongful death claim. If the decedent has no children or grandchildren but has a surviving spouse and both parents, then the surviving spouse and parents could bring the wrongful death action. In the rare event there is no surviving spouse, children, grandchildren, parents, siblings, or any other family who primarily depended on the decedent, then Virginia’s estate laws will apply to identify the person’s next of kin. It’s important to point out that Virginia law recognizes relatives as someone related to the deceased by blood, marriage, or adoption. This can even include stepchildren. However, some parents are prohibited from filing a claim on behalf of their deceased child. If a parent had their rights terminated or had their child placed with a foster home, they are not entitled to bring a wrongful death claim or benefit financially.  How Long Do You Have to File a Wrongful Death Lawsuit? As with other types of personal injury claims, Virginia law requires that you file a wrongful death lawsuit within the statute of limitations. In most cases, this is two years from the date of the person’s death, not the incident or accident date. If you fail to file within two years, the court will likely dismiss your entire case. Contact a Virginia Wrongful Death Attorney Determining the right party to bring a wrongful death claim can be challenging in some cases. If you believe you have a valid wrongful death claim, it’s best to speak with an experienced attorney first who can help guide you through the process. Contact Lantz & Robins, P.C., today to schedule an initial consultation. We know this is a terrible time for your family. Let us navigate the claims process for you and help you hold the responsible party accountable for your loved one’s death.

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What Is the Statute of Limitations on Personal Injury in Virginia?

Nov 21, 2020 | By Rand Robins | Read Time: 7 minutes

If you or someone you love was injured due to someone else’s actions, you might have a valid personal injury claim. A personal injury claim can arise from many incidents, from car accidents and slip and falls to defective products and medical malpractice. It’s important to know what your rights and obligations are regarding the statute of limitations in Virginia for personal injury. If you miss the filing deadline, the court could bar your case. That is why you want to retain an experienced Richmond personal injury lawyer. At Lantz & Robins, P.C., our team of personal injury lawyers has over 40 years of combined experience helping Virginia clients. When you meet with us, we will evaluate your case and let you know the personal injury statute of limitations that applies to your particular claim. Contact our personal injury attorneys today to get started! How Long Do I Have to File a Personal Injury Claim? In most Virginia personal injury claims, you have two years from the date of injury to file a lawsuit. Examples include: Car accidents, Truck accidents, Bicycle accidents, Motorcycle accidents, Slip and fall accidents, Negligent security, False imprisonment, Defective products, Medical malpractice, Wrongful death, and Assault and battery. If you present a claim for defamation, such as libel or slander, the statute of limitations is only one year. If you want to bring a lawsuit against a former lawyer for alleged malpractice, you could have three or five years, depending on whether there’s a written retainer agreement. Trespass claims also have a five-year statute of limitations. Getting the statute of limitations right is crucial. You can legally file a claim or lawsuit on your own without legal representation, but we don’t recommend it. There are too many variables that can affect the statute of limitations. It is not worth risking your entire case if you inadvertently miss the deadline to file. How Is the Statute of Limitations Calculated? The personal injury statute of limitations usually starts counting down from the date of the accident or injury. However, some situations can complicate determining the statute of limitations. For example, consider someone who is diagnosed with an occupational disease years after exposure or someone who discovers a foreign object left inside their body three years after surgery. These victims can’t meet the two-year deadline for reasons beyond their control. Occupational Diseases or Medical Malpractice Consider someone who is diagnosed with an occupational disease years after exposure or someone who discovers a foreign object left inside their body three years after surgery. These victims can’t meet the two-year deadline for reasons beyond their control. If your personal injury claim does indeed involve occupational diseases or medical malpractice, it’s even more important you contact our skilled Richmond personal injury attorneys. If the victim is a minor, the rules are different regarding the statute of limitations. For most personal injury matters, a minor has two years after they turn 18 to file a claim. That means the deadline to file would fall on the child’s 20th birthday. This is because someone under 18 cannot enter into a contract—they don’t have legal capacity. However, the statute of limitations is very different if the case involves a minor and medical malpractice. For children under eight years old at the time of the malpractice, Virginia law says they have until their 10th birthday. But children ten years of age and older have only two years to file a lawsuit. That means the parents have to file a medical malpractice suit on behalf of their children. If the parents don’t do so, a child won’t be able to pursue a claim once they become an adult. If these examples aren’t convoluted enough, you could have multiple statutes of limitations to deal with in your case. Work Injuries Some injuries result in multiple claims, and those claims may not have the same cut-off period. For example, if you are injured in a work-related car accident, you may have two or more types of claims. You might have a workers’ compensation claim for your injuries since you were on the job. You may also be able to present a claim against the at-fault driver’s insurance if they caused the accident. Car Accidents For auto accidents, there are also two separate time limits. For your physical injuries, your claim falls under the two-year statute of limitations. But if you are pursuing a claim for only property damage, the deadline is five years. Your attorney will let you know if you have multiple avenues of recovery in a personal injury claim and what the statute of limitations or claims deadlines are for each. Is There Any Recourse If You Miss the Deadline to File a Personal Injury Claim? In most cases, the court will throw out your case if you missed the filing deadline. Your main hope is that the defense won’t raise the issue when they file the answer. The defendant needs to assert an affirmative defense that you filed beyond the statute of limitations. If they fail to do so, they may waive their right to argue that you didn’t file in time. What Falls Under Personal Injury? Personal injury is any legal dispute that results from damage or harm caused by another party. That harm can be due to negligence, recklessness, or even an intentional act.  Negligence There are two main issues in most personal injury cases resulting from negligence: liability and damages. When someone harms you, they have a legal responsibility to you for your damages. However, you cannot bring a successful personal injury claim without proving liability and damages. To prove liability, you must first show that the other party owed you some type of duty. The most straightforward example is a car accident. Drivers owe a duty to others to exercise reasonable care when behind the wheel of a car. They must follow all laws and rules of the road. Failure to do so is a breach of duty and can result in an […]

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