You have probably heard the term “statute of limitations” before—maybe you picked it up watching Suits or reading something by John Grisham. And you probably understand, generally, that it means after a certain amount of time, a person cannot be charged with a crime, regardless of the evidence. But there is much more to it than that! Statutes of limitations apply not only to criminal cases, like white collar crime, but civil cases, like motor vehicle accidents, as well. They can also surprisingly be complex, and that is why the attorneys at Fishwick & Associates PLC are here to tell you everything you need to know about statutes of limitations in Virginia.
What Are Statutes of Limitations?
Statutes of limitations are the period of time during which a person can bring a civil claim against someone else or be charged with a crime. Once that time expires, no matter how strong the evidence or unfair it is, the claim or charges cannot move forward (or will be dismissed if brought).
When Do Statutes of Limitations Start?
For the most part, the statute of limitations begins to run as soon as the injury or incident that leads to the claim occurs. The statute of limitations for a motor vehicle accident, for example, begins as soon as the accident occurs, even if you only realize you’ve been injured later on.
For wrongful death cases, then the statute of limitations begins to run upon death, even if the injury that caused the death occurred earlier.
There are some exceptions, however, when it wouldn’t make sense to have the limitations period begin at the time of the incident. For example:
For lawsuits based on fraud or mistake, including certain actions for violations of the Consumer Protection Act, Virginia follows the “discovery rule”: the statute of limitations does not begin until the fraud is discovered or by the exercise of due diligence reasonably should have been discovered.
For an injury or illness from exposure to asbestos or other harmful substances that can result in a “latent” injury, the statute of limitations starts when you first receive the diagnosis of the injury or illness. This makes sense; historically, many people have been exposed to asbestos and other substances without knowing of their harmful effects, but as soon as you know about the injury, the clock starts running.
Similarly, when an injury is based on sexual abuse occurring while someone is a minor, the statute of limitations does not begin until the person becomes an adult or when the injury and its connection to the abuse is first communicated to them by a licensed physician, psychologist, or clinical psychologist.
While medical malpractice claims have a statute of limitations of two years generally (see below), starting from the date of injury, certain medical malpractice claims give plaintiffs one extra year from the time the injury is discovered, or should reasonably have been discovered. These include cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patient’s body; in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury; and for failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma.
Can Anything Pause Statutes of Limitations?
Yes! This is called “tolling.” Essentially, the statute of limitations will pause for a while. When the pause is over, the statute of limitations will begin running again with the same amount of time left as before it paused.
What Pauses Statutes of Limitations?
Two common reasons for tolling statutes of limitations are because the injured person is a minor or because the injured person is incapacitated.
In most cases, if someone is under 18 years old when the injury occurs, the statute of limitations will begin to run when they turn 18 instead of at the usual time. Then, once they’re 18, the statute of limitations begins to run. This rule, however, does not apply to medical malpractice claims.
But let’s say someone wants to bring a claim—and then they, totally unrelatedly, fall into a coma. That would mean they’re incapacitated. While they’re in the coma (or otherwise incapacitated—comas aren’t the only form of incapacitation, of course), the statute of limitations pauses. If and when they recover from incapacitation, the statute will begin to run again.
When Do Statutes of Limitations End in Civil Cases?
Much like when they start, it depends!
For personal injuries, like motorcycle accidents, or medical malpractice, the statute of limitations is two years, beginning when the injury was sustained.
For injury to property, the statute of limitations is five years, beginning when the injury was sustained.
For injury from sexual abuse, the statute of limitations is ten years, beginning when the injury was sustained.
For injury from libel or slander that was published anonymously or under a false identity, the statute of limitations is one year, beginning when the identity of the publisher is known or should reasonably have been known.
For malicious prosecution, the statute of limitations is two years, beginning when the prosecution in question ended.
Have You Suffered an Injury? Contact Fishwick & Associates to Discuss Your Legal Options
Statutes of limitation are no simple matter! Whether it’s medical malpractice, a motor vehicle collision, or otherwise, the experienced attorneys at Fishwick & Associates can help you understand your legal options. To schedule your confidential consultation, complete our online contact form or call us at 540-345-5890.
References
Va. Code § 8.01-228
Va. Code § 8.01-230
Va. Code § 8.01-229
Va. Code § 8.01-243
Va. Code § 8.01-243.1
Va. Code § 8.01-244
Va. Code § 8.01-248
Va. Code § 8.01-250.1
Va. Code § 8.01-249