In Virginia, the law gives you a limited window to pursue justice. If you wait too long, it doesn’t matter how strong your case is, your claim could be dismissed. We will walk you through how long you have to file a personal injury claim in Virginia, the consequences of missing the deadline, and why it’s critical to take action sooner rather than later.
Virginia’s Statute of Limitations for Personal Injury Claims
Virginia has one of the stricter time limits in the country. For most personal injury cases, you have two years from the date of the injury to file a lawsuit. This is known as the statute of limitations.
That two-year period generally applies to:
- Car accidents
- Slip and fall injuries
- Medical malpractice
- Product liability claims
- Wrongful death (starting from the date of death)
Once that deadline passes, you typically lose the legal right to bring your case forward. Even if your injuries are severe or the other party is clearly at fault, the court will most likely refuse to hear your case.
Are There Any Exceptions?
Yes, but they’re limited and highly specific. Virginia law allows for certain exceptions where the clock can be paused, this is known as “tolling” the statute of limitations.
These exceptions are not automatic and often require proof. If you think one of these applies to your situation, it’s important to speak with someone familiar with Virginia personal injury law right away.
What Happens If You Miss the Deadline?
Missing the statute of limitations isn’t just a paperwork issue, it can end your case before it even begins.
Once the deadline passes:
- You lose your right to file a lawsuit
- Insurance companies are no longer required to negotiate or pay
- You may be left to pay for medical bills and other expenses out of pocket
Even if the evidence is strong or the other party has admitted fault, you could still be barred from recovering anything simply because too much time has passed.
Why Do People Wait, and Why It’s a Problem
There are many reasons people delay pursuing a claim:
- They assume the pain will go away or that the injury isn’t serious
- They expect insurance to cover everything
- They feel overwhelmed or unsure about the legal process
- They don’t know there’s a deadline
All of these reasons are understandable, but waiting too long can destroy your case. Evidence disappears, memories fade, and legal options become limited. The longer you wait, the harder it becomes to build a strong claim.
What You Should Do Right After an Injury
The sooner you act, the better your outcome is likely to be. Here are the first steps to take:
- Get medical attention – This isn’t just important for your health; it also creates a record of your injury.
- Gather documentation – Take photos, collect names of witnesses, and write down everything you remember.
- Get legal advice early – A personal injury claim involves strict rules and deadlines. Having a knowledgeable guide from the beginning can protect your rights and your recovery.
Final Thoughts: Don’t Let Time Take Away Your Rights
You don’t need to have all the answers right now—but you do need to know how much time you have to make decisions. The law in Virginia gives you two years to act, but every day counts when it comes to evidence, treatment, and protecting your rights.
If you’ve been hurt in an accident and you’re unsure about your next steps, let’s talk. At Williams DeLoatche, P.C., we know how overwhelming this process can feel. We’re here to make it easier.
Schedule a free consultation today by calling 757-547-5555. You don’t have to do this alone—and we’re ready when you are.