At least once in a lifetime, nearly everyone will be involved in some kind of accident that results in an injury. Personal injury attorneys have experience helping people who are hurt in car or truck accidents, slip and falls, dog bites, or any of the other ways a person can be harmed by another person or entity’s negligence, recklessness, or intentional action.
If you or someone you know is dealing with the aftermath of being injured, an experienced attorney could help you pursue damages that can help you pay for medical expenses, lost wages from missed work because of the injury, or even compensation for your pain and suffering. A Hampton personal injury lawyer can meet with you to discuss your story and determine the best course of action for your case.
The statute of limitations is a state law that sets a deadline for filing a lawsuit. The state’s statute of limitations for most personal injury claims is two years per Code of Virginia § 8.01-243. This means a lawsuit must be filed within two years from the date of the accident that caused the injury.
There are a few exceptions to the two-year statute of limitations. For example, if an injury was caused by asbestos or asbestos-containing products, the two-year time period does not begin until a medical professional tells the patient about their asbestos-related diagnosis per Va. Code § 8.01-249. If the asbestos exposure causes death, the lawsuit may still be filed by the injured person’s estate two years after the date of death instead. Similarly, if an injury caused by another product or substance is “latent,” meaning it cannot be diagnosed before the two-year period expires, the statute of limitations will be extended until two years from when the person finds out about the injury and its cause.
The other exceptions to the personal injury statute of limitations in Virginia relate to medical malpractice cases or cases involving children under 10. Thanks to these exceptions, it may be possible to still obtain damages for accidents that happened years in the past. However, whenever an injury happens or is discovered, it is a good idea to consult with a personal injury attorney in Hampton to ensure any claims are filed before the deadline.
In a personal injury case, the party who brings the lawsuit, or the plaintiff, must prove another party’s negligence was the cause of the injury to recover damages. The state follows the law of contributory negligence, which means the plaintiff must show the other party was 100% at fault for the accident that caused their injury. When the plaintiff is found to be partially responsible for the accident or cannot otherwise prove the negligent party caused their injury, the plaintiff will not be allowed to recover any damages in their personal injury case.
The strictness of this law means it is even more important to seek the advice of a Hampton personal injury attorney before deciding whether to file a lawsuit. If contributory negligence will play a role in the case, a lawyer could suggest other avenues for pursuing compensation.
When you have been in a serious accident, facing a lawsuit may seem overwhelming, especially if you are still recovering from your injuries. However, if another party’s negligence caused your injuries, the law entitles you to compensation to help you recover from your losses.
If you are considering filing a personal injury lawsuit, you need an experienced attorney on your side. A Hampton personal injury lawyer can listen to the facts of your case, collect and review records, request photographs, work with investigators and experts, and use their negotiation skills to help you develop the strongest possible case. Contact our office to schedule a consultation.
