Legal Question in Personal Injury in Virginia

Re: Statue of limitations for personal injury

You can't file for extension of the statute of limitations. You have to file suit within the statute.

Re: Statue of limitations for personal injury

There is no procedure for any extension.

What you should do is run down to the courthouse

BEFORE the deadline runs out and file the best

lawsuit that you can, even if it is sloppy. Once

you get the lawsuit FILED, then the statute of

limitations clock STOPS.

You can always amend it later, and if there is a

legal challenge "demurrer" the Court will require

you to rewrite it.

So you should file "something" no matter how bad,

even without an attorney, to stop the clock.

I could work to throw something together with

you, but I will not want to put my name on it as

the attorney without having more opportunity to

research your claim. Once an attorney puts his

name on a case, it is like having a baby. The

attorney can almost never get out of the case

ever again. So I do not want to lightly jump in

officially. However, I can help you write the lawsuit and you can file it pro se, and THEN go

looking for a contingency lawyer to handle the

case. I would charge $110 per hour. I am not in

a financial position to take any more contingency

cases.

I am assuming the SoL has not yet run out.

You do NOT have to "serve" the lawsuit within two

years (possibly 2 1/2 for medical malpractice).

It is not uncommon to file a lawsuit and ask the

Clerk not to serve the lawsuit yet (normally done

because you are discussing settlement).

However, you should be diligent about proceeding.

Make sure that you name all the parties.