According to Virginia personal injury law, even if you’re unsure how to sue for medical malpractice, you still need to bring your case forward within two years of the date your injury occurred.
A statute of limitation means that you can no longer make a compensation claim when that time has expired.
It is crucial to contact an experienced lawyer as soon as possible to ensure you have plenty of time to build your claim and receive the settlement you deserve.
Are you unsure of how to get a malpractice attorney to take your case?
The first step is to give our offices a call and arrange a convenient time to have an informal discussion about the best way forward.
How Does The Statute Of Limitation Affect My Malpractice Claim?
What is the statute of limitation for medical malpractice if circumstances prevented you3 from making a claim within two years?
There are several situations where the statute can vary. Sometimes, the courts will even accept that an extension is required. For example:
- Malpractice relating to a minor.
- Incidents of deceit or fraud.
If your injury occurred more than two years ago, you might still have a valid claim. But you need to prove why you did not discover the malpractice sooner.
Legal protections exist where a medical error caused injury, fatality, or illness but wasn’t recognized immediately.
Virginia courts can apply a discovery rule, meaning that the statute of limitations applies from the day of discovery for the harmful error.
What Happens If My Trial Goes Over The Statute Of Limitation?
Many cases settle out of court, which can be favorable for claimants looking for a fast resolution.
Yet severe cases and claims involving fatalities may proceed to a trial, taking weeks or months depending on complexity.
Virginia medical malpractice laws mean that the statute doesn’t apply to the date of the case’s trial.
Instead, it applies to the date you filed a claim. So if you are approaching two years since your injury, it is important to file quickly to preserve your rights.
Regardless of how lengthy the settlement negotiations are or how long the trials take, you have protected your ability to pursue reparations once you have made a claim.
How Can I Calculate What Damages To Claim?
When making a claim due to medical malpractice, there are many things to think about, and accomplished legal expertise is strongly advisable.
Claims can contain multiple items, with caps applied to the maximum compensation available:
- From July 1, 2021, to June 30, 2022, claims are capped at $2.5 million, increasing by fifty thousand dollars every year.
- From 2031 onwards, new claims have a cap of three million dollars.
- Caps apply to all Virginia medical malpractice claims resolved through court proceedings, with the outcome decided by a jury or judge.
- Settlement caps include compensation for damages, punitive damages, and allowances for long-term financial needs.
The malpractice caps in Virginia vary from most states because they apply to the total compensation available to claim.
Do I Need A Lawyer To Make A Medical Malpractice Claim?
You must have a skilled attorney to pursue medical malpractice compensation successfully, whether you wish to take the case to court or come to a direct agreement.
The statute of limitation laws in Virginia are particularly complex.
A proficient lawyer will explain how to structure your case and ensure you fall comfortably within the restrictions applied.
Our Virginia Beach legal team has helped thousands of victims and their families secure robust financial agreements, using years of insight to ensure you receive the maximum compensation you are entitled to get.