Your life changed in an instant when another driver ran a red light and crashed into your car on Broad Street, leaving you with a traumatic brain injury. Now, you're dealing with ongoing medical treatments, missed work, and mounting bills. You know you need to take legal action, but you're unsure how much time you have to file a claim.
Our Richmond brain injury lawyer understands the challenges you're enduring. We help TBI victims like you understand their legal rights and take action within Virginia's required statute of limitations.
Standard Time Limits for Virginia Brain Injury Claims
In Virginia, you generally have two years from the date of your injury to file a personal injury lawsuit under Virginia Code § 8.01-243. The Virginia brain injury statute of limitations applies to most TBI cases, including those caused by car accidents, slip and fall incidents, construction site accidents, workplace injuries, and sports injuries.
For example, if you suffered a traumatic brain injury in a car crash on January 1, 2024, you would need to file your lawsuit by January 1, 2026. Missing this deadline typically means losing your right to seek compensation.
The two-year limit applies regardless of whether you're still receiving medical treatment or haven't yet reached maximum medical improvement. This makes it vital to start working with a Richmond brain injury lawyer as soon as possible after your injury.
Special Rules for Claims Against Government Entities
Filing a claim against a government entity requires careful attention to specific notice requirements and deadlines.
Local Government
If you plan to file against a local government entity in Virginia, you must provide written notice of your claim within six months of the injury. The notice must include specific details about the incident, your injuries, and the compensation you're seeking. The maximum cap on available compensation is $100,000 per claim.
State Government
Claims against state government follow different rules under the Virginia Tort Claims Act. You must file a formal notice within one year of your injury. The notice should detail the time and place of your injury, the nature of your claim, and the amount of compensation you're seeking. Like local claims, state claims are limited to $100,000 in total damages.
Federal Government
Federal government claims require yet another process under the Federal Tort Claims Act. You have two years to file an administrative claim with the relevant federal agency. You must file this brain injury claim before you can pursue a lawsuit. The agency then has six months to respond before you can file in federal court.
Traumatic Brain Injury Caused by Medical Malpractice
If your brain injury resulted from medical negligence, Virginia Code § 8.01-243.1 sets specific deadlines. The standard Virginia brain injury statute of limitations of two years typically still applies. However, you may have more time to file a claim if the injury wasn't immediately apparent.
Special rules apply to children injured by medical malpractice. If the child was less than eight years old at the time of the injury, the deadline extends until their 10th birthday, giving parents more time to recognize the full impact of the TBI and take legal action.
How Virginia's Pure Contributory Negligence Rule Affects Your Claim
Virginia follows a pure contributory negligence standard. This means if you were even 1% to blame for the accident that caused your TBI, you cannot recover damages. For instance, if you were texting while walking and got hit by a speeding driver who ran a red light, you might be found partially at fault. Even though the driver was primarily responsible, your contribution to the accident would bar you from recovery.
Important Exceptions That May Extend Filing Deadlines
Several circumstances can extend or "toll" the standard two-year deadline.
Mental Incapacity
Say someone suffered a severe TBI from a physical assault that left him unable to understand his legal rights for eight months. The court may extend his filing deadline by eight months since he was mentally incapacitated during this time.
Minor Status
Imagine a 15-year-old who suffers a traumatic brain injury in a fall at a store. Instead of the standard two-year limit, she has until her 20th birthday to file a claim, two years after reaching age 18.
Defendant Leaving Virginia
If the defendant in a Virginia brain injury claim leaves the state, the time spent out of state does not count toward the two-year time limit. This effectively extends the filing deadline for eligible TBI claims.
Fraud or Concealment
Consider a victim whose TBI resulted from a defective product. The manufacturer knew about the defect but actively hid this information for years. The court ruled that the filing deadline didn't begin until Mary discovered the concealed information.
Steps to Protect Your Legal Rights
To preserve your right to compensation following a TBI:
- Document everything related to your injury and treatment
- Get copies of all medical records, including emergency room visits, surgical procedures, and occupational therapy sessions
- Keep detailed records of missed work days and any expenses related to your injury
- Take photos of visible injuries and the accident scene if possible
- Get contact information from any witnesses
- Start a daily journal documenting your symptoms and how the injury affects your daily life.
- Get help from our Richmond brain injury lawyer
Don't risk losing your right to justice for your traumatic brain injury. The skilled legal team at the Mottley Law Firm will file your claim correctly and on time. We understand Virginia's legal deadlines and requirements and will protect your right to seek fair compensation.