There is nothing easy about filing a personal injury lawsuit after being harmed by the actions of another party. Indeed, not only are lawsuits legally intensive and potentially expensive, but filing a lawsuit may force you to relive your injury and trauma, which can be emotional, stressful, and even have psychological implications. Which is why if you have been injured, taking legal action may not be the first thing on your list.
But even though it may be hard to do, bringing forth a claim for damages sooner rather than later after an injury is essential. This is because Virginia maintains a statute of limitations for all personal injury cases.
A statute of limitations is a legal cap on the amount of time that a plaintiff has to file a lawsuit. Statutes of limitations are fixed; there are very few exceptions made that are not permitted under the statute.
Virginia has different statutes of limitations for different types of legal actions. For all actions for personal injuries, the statute requires that a suit be brought within two years of the cause of action.
However, the two-year statute of limitations may be extended in cases involving medical malpractice, as found in Section 8.01-243(C) of Code of Virginia, when the cause of action involves a foreign object being left within the plaintiff’s body; in cases of fraud or intentional misrepresentation that prevents the plaintiff from discovering the injury; or when the claim involves the negligent failure to diagnose a malignant tumor, cancer, or schwannoma.
Unfortunately, if you wait too long to file a personal injury claim and want to file a suit outside of the statute of limitations, you will be barred from doing so. This means that if you wait longer than two years from the date of your injury to file your civil action, you will be unable to recover compensation indefinitely.
As a note, it’s not just important to file your claim early in order to ensure that you do so within the statute of limitations; when you file earlier, what happened is fresher in everyone’s minds, evidence is more likely to be preserved, and you have a greater chance of recovering compensation for your harm sooner.
At Hampton Injury Law, Attorney Jan Hoen can aid you in understanding the law and filing your claim within the statute of limitations. For a free consultation with Hampton Injury Law, please call our office directly or send us an email or message online. We’ll work hard for you.
Mr. Hoen is amazing. I cannot thank them enough. They took the struggle of dealing with insurance company's and their minions and I could concentrate on home, family and work! 1000 percent recommended to take the headaches away!
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The staff at this firm is extraordinary. Everyone at this office welcomed me with open arms. It is truly a family-oriented firm. God Bless you all. Love you all.
I am so thankful for the professionalism and quick actions to get the case settled. I never felt out of the loop. Great office, will definitely be getting referrals from me. Thanks, Mr. Hoen & Staff!
Mr. Hoen and his staff were very helpful during my unfortunate event, and for that, I can't thank them enough.
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I give Hampton Injury Law five stars. The staff was great, and they helped me with my case.
Mr. Hoen and his staff helped me very much with my legal issue. I highly recommend the services of Hampton Injury Law if you need legal representation.
Mr. Hoen is a great attorney, and I would recommend him to anyone. Anytime I had a question, he would reassure me and answer my questions. The staff is very friendly and helpful. After all my daughter and I had…
Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.
I have used Mr. Hoen’s services on two occasions, and on both occasions, his services were superb! He was able anytime I needed and always eager to answer any questions I had. He also was very compassionate towards my situation…
Although I have hired Mr. Hoen to handle a legal matter for me personally in the past, I most often work with him through my patients. I have had many opportunities to see how he handles issues that arise for…
He will not “just settle," he goes after what he wants and gets it usually. His legal skills, coupled with his humanitarian skills, are what make him so successful. I wish you only success in your new endeavor and wish…
I can honestly recommend Mr. Hoen and his staff. Any questions you have get answered very professionally, and everybody is very kind. Mr. Hoen goes the extra mile to get you what you deserve. I hope I don't need a…
I have worked with Jan as a fellow personal injury attorney in the area for many years. He is very good, well respected, and takes care of his clients. Even though he is a competitor, I do not hesitate to…
Jan Hoen represented my husband and me when a careless driver hit us, and we found him to be very knowledgeable and extremely helpful. Our son also won a personal injury case with Jan Hoen representing him. This is his…
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