If you are a resident of Virginia who is involved in an injury-related
insurance claim or court-based lawsuit, you may be wondering the state
laws which have an impact in your case. All states have statute of limitations,
which are time limits for taking legal action.
In Virginia, the statute of limitations for a
wrongful death is
two years. The time limit starts running on the date of the accident or injury.
However, if your lawsuit is against a government entity in Virginia, specific
procedural rules apply. For example, you must send a notice within
six months of the date of the accident for claims against a city or town. Additionally,
if the claim is against the state government or transportation district,
the notice needs to be sent within
one year of the incident.
When it comes to caps on damages, there are limits on most standard personal
injury cases, which means that the amount of economic and non-economic
damages you can recover has no restrictions. However, there is a $2 million
cap on medical malpractice cases and punitive damages in all personal
injury-related cases are capped at $350,000.
Remember, Virginia is one of the only few states that still use the law
of contributory negligence when an injured individual is found to share
“some level” of the blame for the accident which resulted
in his or her injury. This means that if you are at least 1% at fault,
you will not be able to recover anything at all from other at-fault parties.
If you suffered an injury caused by a negligent party,
contact our Richmond personal injury attorney at
Halperin Law Center and schedule a
free consultation today.