Time limits for car crash and bicycle crash lawsuits

dkwl_11.08.closeup.jpegAt ABRAMS LANDAU, Ltd., we are often asked how long an injured victim has to bring their car crash or bike crash lawsuit. Most personal injury cases in Virginia have a 2 year time limit. Wrongful death and intentional tort cases may have a shorter time limit (“statute of limitations” – after which the case may forever be “time barred”).

Children may have a longer time to file their cases, since they are considered “incompetent” to bring a legal action. They generally get until their 18th birthday before the time begins to run on their claim. Others deemed “incompetent” may have a longer time period, as may those who sustain a severe brain injury, latent injury or one not susceptible to “discovery” until many years later. An example of this would be asbestos disease, like mesothelioma or asbestosis. Norman Landau tried many of these cases decades after the last injurious exposure to this toxic substance. It is important to examine the specific time limit with a competent lawyer in the jurisdiction where the claim is to be brought to determine the correct “Statute of Limitations.”

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