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The Clock is Ticking on Your Injury Claim

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If you sustain a costly injury that is caused by someone else’s negligent actions, you will likely be able to hold them accountable, but there are time limits on your ability to take action.  In Virginia, the statute of limitations typically runs out 2 years after the accident occurs, but the time limit to take action in cases that involve government entities is shorter.  For medical malpractice cases different time limits apply.  The law can get complex on these issues, but here are a few general time limits that injury victims should be aware of:

  • 6 months for filing a claim notice against a city or town.
  • 1 year for filing a claim notice against the state or a transportation district.
  • 2 years for filing a lawsuit against a company or individual.
  • 2 years from the end of treatment for medical malpractice victims
  • 2 years after the 18th birthday for many cases involving children

For example, if you were injured in a bus accident on a GRTC bus in Richmond or a PAT bus in Petersburg, you would have to file a notice of your claim with the GRTC or PAT within year.  If you were in an accident with a Fairfax County plow truck in Herndon, you would have to file a claim within six months, but a similar maintenance truck accident on the Dulles Greenway may allow two years to file because the greenway is owned and maintained by a private company.

When serious injuries occur, many legal technicalities can influence the ultimate settlement of a case.  Good lawyers earn their fee by understanding all of intricate rules that may govern a specific case, so it is always wise (and often worthwhile) to consult an attorney about your specific circumstances.   As one of Virginia’s oldest and most experienced personal injury law firms, we provide exceptional legal care for our clients at every step of the case process.  Call us for a free consultation, and find out why Burnett & Williams has been honored year after year by US News as one of Virginia’s “Best Law Firms.”

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