When Can You File a Personal Injury Claim?
A personal injury happens when someone else’s negligent or intentional actions cause harm to your body, mind, or emotions. Common examples include:
- Virginia truck accident
- Virginia dog bite
- Virginia medical malpractice
- Virginia slip and fall
- Virginia product liability
- Virginia motorcycle accident
- Virginia daycare injury
If you’re injured, you typically have the right to claim money from insurance or take legal action against the responsible party to seek compensation. Virginia personal injury lawyers can guide you through this process and help protect your rights. Personal injury laws vary from state to state, so here are some important aspects of how these cases work in Virginia.
Negligence in Personal Injury Cases
Personal injuries can occur intentionally or due to negligence, which means not being careful in a given situation. When someone breaches their duty of care towards others, they can be held responsible for the harm caused. This responsibility includes compensating the injured party for their damages.
Virginia Contributory Negligence Statute
Contributory negligence occurs when more than one party shares fault for an accident. For instance, if you’re driving with a burnt-out headlight and another car runs a red light, causing a collision, both parties may be deemed partially at fault.
Unlike most states, Virginia follows a strict contributory negligence law. This means that if you are even one percent at fault for the accident, you may be barred from receiving any compensation. Having a knowledgeable Virginia personal injury lawyer is crucial. They can argue your case and maximize your chances of recovering damages for medical bills, property damage, lost income, and pain and suffering.
Common Carrier Exception
Virginia’s contributory negligence law has an exception when a common carrier injures you like a bus, train, or plane that violates state safety rules. In this scenario, even if you bear some responsibility for your injury, you can still seek compensation for your damages.
Virginia Personal Injury Statute of Limitations
In Virginia, you must file a lawsuit for personal injury, defamation, or fraud within two years. You have up to five years for trespass, property damage, or breach of contract. Many personal injury cases, such as car accidents, start with a claim against the responsible party’s insurance. Most are settled without going to court. However, insurance companies may delay negotiations to push past the statute of limitations, which could prevent you from suing if a fair settlement isn’t reached. It’s important to consult with a lawyer to ensure you meet all deadlines and requirements for your personal injury claim.
Discovery Exception in Virginia
Usually, the statute of limitations begins when your injury happens. However, in cases where the injury isn’t immediately apparent (especially non-physical injuries), the statute starts when you discover the injury. The statute can also “toll” or pause under certain circumstances. For instance, if the injured person is a minor, the statute starts when they reach adulthood. If the person cannot file a lawsuit due to mental or physical incapacity, the statute is paused until they regain competency.
Government Claim Exception
When suing a town or city in Virginia for personal injury, you must notify them within six months of your claim. If you’re suing the state, you must file your claim one year from the injury date and inform the defendant.
Delayed Service
After filing your lawsuit within the statute of limitations, you usually have one year to officially notify the defendant about the lawsuit. If you fail to serve the notice within this time, your case will be dismissed.
Uninsured and Underinsured Motorist Coverage in Virginia
Virginia and New Hampshire are the only states where drivers can pay an annual driving fee without liability insurance. It means you might encounter uninsured motorists (UM) in Virginia (Virginia Code § 38.2-2206). If you have UM coverage on your auto car insurance policy, you can ask for money for damages if an uninsured driver injures you. You can also file a UM claim in hit-and-run accidents where the driver is never identified.
Virginia Joint and Several Liability
Virginia’s joint and several liability law allows you to collect the total compensation amount from any party the court finds responsible for your injury, even if they are not entirely at fault. This means you can seek payment from one party for the entire awarded amount, regardless of their share of fault.
Damage Caps in Virginia
Virginia does not impose damage caps on most personal injury cases. This means you can seek unlimited compensation for your injury if you can prove its justification to the insurer or court. Any money received from other sources will not reduce the damages you can claim.
In Virginia, medical malpractice awards are limited to $2 million, and punitive damages for serious wrongdoing are capped at $350,000.
Court Jurisdictions in Virginia
In Virginia, a general district court handles damage claims up to $25,000, functioning like a small claims court with more straightforward rules. Cases seeking more than $25,000 must be filed in a circuit court.
In circuit court, defendants can request a jury trial, in which all seven jurors must agree on a verdict. Five jurors decide appeals from the general district court.
Have You Been Injured in Virginia?
If you’ve been injured in Virginia, getting advice from a skilled personal injury lawyer at Marquis Law Group is crucial. We proudly serve clients throughout Northern Virginia, including those looking for a personal injury lawyer in Loudoun County or a Leesburg personal injury attorney. Contact us online or call (703) 777-6161 to arrange a consultation.
