Traumatic brain injuries (TBIs) can have serious and lasting effects, but their symptoms don’t always appear right away. This delay can create challenges when filing personal injury lawsuits.
Statutes of limitations determine how long someone has to file a case, making it necessary to understand how these laws apply to TBIs.
Understanding statutes of limitations
In Virginia, the statute of limitations for personal injury cases is generally two years from the date of the injury. This means a lawsuit must be filed within that time frame, or the right to pursue compensation may be lost. However, TBIs can complicate this timeline because symptoms like memory loss or cognitive issues may not show up immediately.
Delayed symptom onset
Delayed symptom onset is common with TBIs, especially mild ones. A person might feel fine right after an accident but later experience headaches, dizziness, or mood changes. These delayed symptoms can make it harder to connect the injury to the accident, which is important for building a case.
Exceptions to the timeline
Virginia law allows some exceptions to the statute of limitations in specific cases. For example, if the injured person didn’t discover the TBI right away, the “discovery rule” might apply. This rule can extend the filing deadline if the injury was not immediately apparent and the delay was reasonable.
Importance of timely action
Even with potential exceptions, acting quickly is essential. Documenting the accident, medical evaluations, and other evidence helps build a stronger case. Waiting too long can make it harder to prove the connection between the accident and the TBI.
Supporting fair outcomes
Understanding how statutes of limitations work ensures that those dealing with TBIs have the best chance to seek justice. Being aware of filing deadlines and exceptions helps protect the opportunity to pursue compensation for the challenges caused by a TBI.
