How is the statute of limitations calculated for a maritime injury claim?
The statute of limitations for a maritime injury claim in Virginia is determined by two factors: the nature of the injury and the nature of the claim. If the injury is a personal injury, the statute of limitations is two years from the date of the injury. This means that if the plaintiff has suffered an injury due to the negligence or fault of another, they must bring a claim for damages within two years of the date of the injury. If the injury is caused by a defective product, the statute of limitations is three years from the date of the injury. This means that the claimant must bring a claim for damages within three years of the date of the injury. If a claim is made under the Jones Act, the statute of limitations is three years from the date of the injury. This means that if the injury was caused by the negligence of a seaman or vessel owner, the plaintiff must bring a claim for damages within three years of the date of the injury. In the event of a wrongful death claim, the statute of limitations is two years from the date of the death or from the date the injury was discovered. This means that the claimant must bring a claim for damages within two years of the date of the death or within two years of the date the injury was discovered, whichever is the later date. In all cases, any claim for damages must be filed before the statute of limitations has expired. If the claim is not filed before the expiration of the statute of limitations, the claimant will lose the right to pursue any damages for the injury.
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