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Statute of Limitations for Personal Injury and Malpractice


If you or a loved one has suffered an injury or lost a loved one in a wrongful death accident due to another’s negligence, you may be entitled to file a personal injury or malpractice claim. This is especially true if you have been unable to work or paid extensive medical bills. In the text below our Newport News personal injury lawyers have outlined the guidelines on the statute of limitations in Virginia. While this guide aims to provide basic information, time limits for filing a lawsuit can be confusing. If you’re unsure about anything, we recommend hiring an attorney to assist you with this process.

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Personal Injury

According to Va. Code Ann § 8.01-243, all personal injury claims unless otherwise provided by another statue must be filed within two years after the cause of action accrues. Another important factor to remember is that Virginia does not have discovery laws, meaning the two year time limit begins from the date of the injury. If you’ve suffered a personal injury, it is imperative you have your claim filed with the Virginia civil court before this time frame ends to your case may be thrown out.

Libel & Slander

In the United States, libel and slander fall under personal injury. Unlike most personal injury claims, libel & Slander claims must be brought within one year from the time of publication.

Medical Malpractice

Medical malpractice is defined as personal injury or death as a direct result of a physician failing to do something or failing not to do something. The time frame for medical malpractice suits begins on the date of your personal injury or loss of a loved one. This statute has a range of time between 1 year and 10 years and varies based on the type of medical malpractice claim. Deciphering which time frame applies to your situation can be daunting. Our Newport News medical malpractice lawyers can assist you today. You and your loved ones deserve compensation for the pain and suffering you’ve endured.

Wrongful Death

Under § 8.01-50, all claims by the decedents surviving family or estate manager must be filed within two years of the person’s death.

Get the Justice You Deserve – Newport News Personal Injury Lawyers

At Larry King Law, we have 50 years of legal experience representing thousands of personal injury victims get the compensation they deserve. When you hire our Newport News personal injury attorneys, you’re being represented by knowledgeable, fearless legal warriors committed to getting you the results you deserve.

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