In Virginia, the statute of limitations for tort claims involving injury to a person in general is two years from the date of injury. In the District of Columbia and Maryland those same types of claims normally carry a three year statute of limitations from the date of injury. What that means is that as a general rule a lawsuit must be filed at the courthouse,typically by an injury attorney, within two or three years, as appropriate, from the date of your injury.
There are exceptions to that rule but that is the general rule that must be followed. Your simply writing a letter to the insurance company making a claim does not stop the statute of limitations from running. If your claim has not settled within the statute of limitations then a lawsuit must be filed in the Courthouse in order to stop that statute of limitations from running. If the statute of limitations has expired without the filing of a lawsuit, then your claim is forever barred.
There are some exceptions to that general rule and as such it is prudent that you consult with an attorney as soon as possible after you have suffered any injury so that your legal rights can be explained to you in detail and you can them make a decision as to how you wish to proceed.
Legal answers provided by Brien Roche, a malpractice and injury lawyer with over 35 years of trial experience. Contact Us today to discuss your legal matter.
For more information on statute of limitations see the pages on Wikipedia.