Don’t Wait Too Long to File Your Virginia Medical Malpractice Case
There is a statute of limitations for filing a medical malpractice lawsuit in Virginia. The statute of limitations refers to the timeframe you have to bring a legal action. Keep in mind that this is a strict time limit and if you miss it, you might not be able to recover anything in a medical malpractice suit.
In Virginia, the statute of limitations for a medical malpractice claim is two years. The question that most people have is “two years from what?” There is something known as the “continuing treatment rule” that exists in Virginia. Under this rule, your actual time to file a claim may be longer than two years from the specific date of the negligence. This issue tends to get complicated, so it is important that you talk with a Virginia medical malpractice lawyer who will be able to tell you when your statute of limitations expires.
If you wait until your statute of limitations is almost up before filing your lawsuit, you are taking a risk. Attorney Ben Glass has seen this scenario – where a lawyer waits until the last minute to file the lawsuit, only to find out that the wrong defendant was named or someone else was to blame for the malpractice. He has even seen attorneys wait to file a lawsuit in hope that the insurance company will settle first. That is also a risky practice.
Order your copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime, for more information.