Reviewing State Laws with Accident Lawyers in Norfolk, VA

by | Dec 27, 2017 | Lawyer

In Virginia, state statutes and codes define the laws and rules for filing a personal injury claim. Victims of personal injuries must follow the law when filing a lawsuit and meet deadlines as directed. Accident lawyers in Norfolk, VA can explain the requirements for legal claims.

Virginia State Code Section 8.01-243

Under the state code, all injured parties have a statute of limitations of two years to file a lawsuit for personal injuries. Any victims who are infants are managed under Virginia State Code Section 8.01-36. The code identifies special provisions for infants who develop permanent disabilities. The law requires the liable party to provide medical expenses for the child throughout their life depending on the injuries sustained.

Additional exceptions to the code indicate that patients retain the right to file against a doctor who left a foreign object inside the patient. The circumstances provide one additional year to file following the discovery of this condition.

Patients who discover brain tumors that were omitted from test results can also file through an extension of the statute of limitations. However, the absolute ruling prevents any personal injury claims beyond ten years of the original cause or accident. Evidence of discovery is required in all cases that go beyond the standard statute of limitations.

What Types of Damages Are Available in Virginia?

Compulsatory and punitive damages are available to accident victims in Virginia. The compulsatory damages equate to all financial losses incurred by the victim. They could range from medical expenses to lost wages. Punitive damages are a form of financial punishment for negligent acts. The state imposes a cap on punitive damages of $400,000 for most personal injury claims. However, as of July 1, 2017, the cap for medical malpractice cases was increased to $2.3 million.

In Virginia, state statutes and codes outline all requirements for filing lawsuits for personal injuries. The initial statute of limitations for the injury claims is two years. However, exceptions could extend the deadline and give the victim more time to file. Victims of these events should contact accident lawyers in Norfolk, VA through website and schedule an appointment.

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