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How long do I have to bring a personal injury action for damages?

On Behalf of | Apr 15, 2016 | Car Accidents

If you have been injured in a car accident, you probably have a number of concerns to think about. One of the important concerns may be how long you have to bring a claim for the damages you have unexpectedly suffered following a car accident. The amount of time you have to bring a claim is determined by the statute of limitations.

It is important to be aware of and understand statutes of limitation because they determine the amount of time an injured party has to bring a claim for damages. If a claim is not within the time limit prescribed by the statute of limitation, the right to bring a claim is lost forever. Statutes of limitation can vary depending on the type of claim and the state, as states have their own statutes of limitation.

In addition, statutes of limitation can be hard to understand. The time period for bringing a claim typically begins when the injured party discovers that harm has occurred and determines the nature of the harm. This can be complicated depending on the circumstances, as in the situation of medical malpractice claims when the harm suffered may not be immediately apparent. This can also be true in other situations and types of claims. The discovery rule, however, does not apply in all situations, and any discovery delay must be reasonable under the circumstances.

In general, in Virginia, the statute of limitation for filing a claim for personal injury is 2 years. Victims can suffer a lot following car accidents, which is why it is important for them to be familiar with their rights and know how to protect their right to bring a claim by being familiar with the statute of limitations.

Source: Injury.findlaw.com, “Time Limits to Bring a Case: The ‘Statute of Limitations’,” Accessed April 12, 2016

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