What is the statute of limitations for filing a personal injury lawsuit?
In Virginia, the statute of limitations for filing a personal injury lawsuit is two years from the date of injury. This two-year period is known as the “statute of limitations” and is meant to protect defendants from having to defend against claims that are too old. The two-year limit begins at the time of the incident that caused the injury, or at the time when the injured person reasonably should have known that an injury occurred. For minors under 18 years of age in Virginia, the two-year statute of limitations does not begin to run until the child turns 18 years old. This provision is in place to ensure that minors have time to learn more about their injury and their legal rights. In some cases, parties may reach an agreement to extend the statute of limitations. These agreements, known as “tolling agreements”, can be used to grant people extra time to file a lawsuit after the two-year deadline. However, these agreements must be made in writing, and they may be voided by the court if they are deemed in unfair to either party. The time limit given by the Virginia statute of limitations is designed to ensure that both injured parties and defendants are able to present their case to the court before too much time has passed and evidence is lost or forgotten. Given this, it is important to act promptly if you want to file a personal injury lawsuit in Virginia.
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