HOW LONG DO YOU HAVE TO FILE A LAWSUIT IN VIRGINIA?

POP QUIZ:

How long do you think the citizens of Virginia should have to file a lawsuit? 
a. 6 months
b. 1 year
c. 2 years
d. 3 years
e. 4 years

And from when?

a. From the date of the mistake or
b. The date you learn it was a mistake?

States are all over the map on this issue, but in Virginia, the law is 2 years – from the date of the injury. If it is failure to diagnose cancer, it is 2 years from the date the cancer is malignant.

So if you have surgery in 2004. You can’t file suit now.

If you had surgery in 2006, you are out of luck.

If you had surgery in the fall of 2008 – you better call today because we are running out of time to investigate your claim and file suit.

It is important to know your rights — and under Virginia law, you have the right to file a Med Mal case in 2 years, and not a minute later.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.