Traumatic brain injuries following truck accidents can present unique legal challenges, especially when symptoms develop weeks or months after the incident. Virginia law imposes specific time limitations on filing personal injury claims, which can create complications for victims who discover TBI symptoms well after the collision.
Our Richmond brain injury lawyers regularly assist clients in understanding how these timing issues affect their legal rights. For truck accident victims, knowing exactly when the legal clock starts and stops for filing a claim can significantly impact the compensation available for medical expenses, lost wages, and ongoing care.
Two-Year Statute of Limitations for Virginia TBI Claims
Virginia Code § 8.01-243 establishes a two-year statute of limitations for filing personal injury claims, including traumatic brain injuries from truck accidents. This timeline typically begins on the date of the injury-causing incident, regardless of when symptoms appear or when a diagnosis is made.
For example, if you were involved in a truck accident on March 1, 2023, you would generally have until March 1, 2025, to file a personal injury lawsuit. This is true even if your TBI symptoms didn't become apparent until months later.
Virginia courts generally maintain a strict interpretation of this filing deadline. Once the two-year mark passes, your right to file a claim is typically lost, even when brain injury symptoms develop or worsen after the two-year period has ended.
Virginia's Limited Recognition of the Discovery Rule
In many states, a legal principle called the "discovery rule" helps protect injury victims when their injuries aren't immediately apparent. This rule delays the start of the limitations period until the date the injury was discovered or reasonably should have been discovered.
Unfortunately, Virginia law takes a more restrictive approach. Courts consistently reject the application of a general discovery rule to personal injury cases, including traumatic brain injuries from truck accidents. This means that even if you couldn't reasonably have known about your injury within the two-year period, the standard statute of limitations stands.
There are very limited exceptions to this rule for certain types of cases, like some medical malpractice claims, but these exceptions typically don't extend to truck accident TBI cases.
Circumstances That May Extend the Filing Deadline
While Virginia's approach to the statute of limitations is strict, certain circumstances may extend or “toll” the deadline for filing a TBI claim with a Richmond truck accident lawyer.
Legal Disability Due to Incapacity
If the brain injury renders you mentally incompetent, Virginia Code § 8.01-229 may pause the statute of limitations. The law recognizes that someone who lacks the mental capacity to understand their legal rights should not lose those rights due to their inability to act. Moderate memory problems or headaches typically won't qualify for this extension.
TBI Claims Involving Minors
For children injured in truck accidents, the statute of limitations doesn't begin until they reach age 18. In effect, this gives them until their 20th birthday to file a claim, even if they suffered a TBI in a truck accident when they were 12 years old. This gives families time to fully understand the long-term effects of a childhood TBI, which can impact development and educational progress.
Fraud or Concealment
If a defendant actively concealed information about your injury or fraudulently led you to believe you weren't injured, you might have grounds for an extension. These cases are challenging to prove and represent rare exceptions rather than the rule in Virginia TBI litigation.
Practical Strategies to Protect Your Legal Rights
Given Virginia's strict approach to the statute of limitations, proactive steps are essential to protect your legal rights after a truck accident, especially when TBI symptoms might develop later.
- Seek comprehensive medical evaluation. Obtain a thorough neurological examination after any truck accident, even if you feel fine initially.
- Document all symptoms. Keep detailed records of any new symptoms that emerge following your accident, including dates, severity, and effects on your daily activities and work.
- Consult with a lawyer early. A Richmond truck accident lawyer can evaluate your situation and advise you on how to proceed.
- File a protective claim. If appropriate, your lawyer may recommend filing a protective claim before the deadline expires to preserve your rights while the full extent of your injuries becomes clearer.
