Statute of limitations affects brain injury cases

On Behalf of | Feb 12, 2016 | Brain Injury |

When a Virginian suffers a brain injury, medical attention is likely the first order of business, and it should be. Brain trauma can require major medical care and it is important for an injured Virginian to receive prompt and proper treatment. After receipt of medical care, however, an injured victim and his or her family should not waste time if they wish to pursue a lawsuit, as there are important time limits, known as statutes of limitations, that affect when a victim can bring a lawsuit.

In Virginia, a lawsuit for a personal injury action, which includes those suits stemming from brain injury cases, must be filed within two years from the date that a person’s injury occurred. If a minor has been injured, the statute of limitations may differ. A minor under the age of eight has until his or her tenth birthday to file a lawsuit relating to a brain injury.

There are some specific exceptions to the two year statute of limitations period, but an injured victim should not anticipate that he or she will be able to obtain an extension or qualify for an exception. Therefore, seeking prompt legal guidance after an injury may be important if a victim or his or her family wishes to pursue a cause of action following a head injury.

A personal injury lawsuit based on brain damage can provide valuable resources for a victim to pay for his or her medical expenses, rehabilitation and therapy. A Virginian should be cognizant of statute of limitations requirements, however, so as not to forfeit his or her chance at obtaining accident compensation.

Source:, “Code of Virginia Sec. 8.01-243,” accessed Feb. 5, 2016