Is it too late to file my personal injury claim?
A statute of limitations refers to the amount of time you have to try to negotiate and settle a legal claim or file a lawsuit from the date of your injury.
Every state has statutes that govern the statute of limitations.
It’s always wise to consult with an attorney to be sure you know the correct statute of limitations.
Typically the statute of limitations start running from the date the injury occurred. Virginia has many specific exceptions to that rule, such as a misdiagnosed tumor or a foreign object left in a body after surgery. The District of Columbia and Maryland generally recognize the Discovery Rule. The Discovery Rules says that the clock on your claim doesn’t start to run until the person knows or reasonably should have known that the injury occurred.
In Virginia, different types of claims have different periods during which you can sue. Personal injury claims have a two-year limit while oral contracts have a three-year time period during which you can file a claim. Written contracts have a five-year statute of limitations.
In Maryland, the majority of civil claims have a three-year limit with some exceptions.
In DC, the majority of civil actions have a three-year statute of limitations. If the person dies as a result of their injuries, then it’s a wrongful death claim and there is only a two-year statute of limitations. For intentional torts there is a one-year statute of limitations.
If the defendant was working for the federal government or a state or local government (such as town or county) then there is likely a much shorter time period in which you must give formal notice to the proper government agent or you may lose your claim altogether.
