How Long After a Slip & Fall Can a Lawsuit Be Filed?

When you are the victim of an accident that results in injury, such as a slip and fall incident, your number one priority should be to seek medical attention. Your need to immediately identify - what, if any, serious injuries you incurred so you can quickly treat them.

If your accident was the result of a negligent third party, you can seek monetary compensation for your medical bills as well as any pain and suffering.

In Virginia, how long do you have to file a lawsuit after a slip and fall injury?

Statute of Limitations

The statute of limitations restricts the amount of time a person has to file a claim against another business or person. The limitations vary depending on each claim;

 In Virginia, a victim can file a slip and fall claim under one of three separate statutes depending on the damage they incurred or the defective property that led to their accident:

  1. Code of Virginia Section 8.01-243: Anyone injured in a slip and fall must file their lawsuit in a Virginia court system no later than 2 years after the incident.
  2. Code of Virginia Section 8.01-244: If the slip and fall accident resulted in death of the injured party, their estate can file a wrongful death lawsuit no later than 2 years after the incident.
  3. Anyone wishing to file a lawsuit due to property damage as a result of the slip and fall incident - has up to 5 years to do so.

If you attempt to file any of the above lawsuits after the statute of limitations has expired, the defendant has a right to get your claim completely dismissed. If a court grants the dismissal, you may never get the opportunity to seek damages for your slip and fall again. An attorney with experience in personal injury cases can help you seek retribution even after the statutes have expired. There could be loopholes you aren’t aware of that your attorney can use to get your lawsuit heard by a court.

Reach Out to The Law Offices of Daniel J. Miller for a Free Consultation

Our attorneys have extensive experience with slip and fall accidents and we are fully committed to helping you get compensation for your injuries you need and deserve to make a full recovery from your injuries.

Contact our firm online or give us a call at (757) 517-2942 for a free case evaluation.