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Beware of the Time Trap When Filing an Injury Claim against the Commonwealth of Virginia

Although many people are aware that there is a time limitation of two years for filing personal injury claims, most people and some lawyers are not aware that in cases involving claims against the Commonwealth of Virginia, the claim shall be “forever barred unless the claimant…has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred…within one year after such cause of action accrued.”  Virginia Code section 8.01-195.6.

Even though claims for personal injury generally can be filed within two years after the date of the accident, when the defendant is the Commonwealth or one of its agencies, a notice of the claim must be filed within one year from the date of the accident.

The notice needs to be mailed to the Attorney General or the Director of Risk Management for the Commonwealth of Virginia.

If the notice is filed within the one year, then the normal two year statute of limitation applies.

Unfortunately, some injured persons wait more than a year before retaining an attorney, and if it is a claim against the Commonwealth, the claim will be barred if the notice has not been filed in accordance with the statute.

If you have questions about your personal injury claim, you can contact Frank Buck for a free consultation.

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