Legal Question in Appeals and Writs in Virginia

Re: Appeal on Statue for filing Claim

Sure - File suit! Statute of limitations is an "affirmative defense", not a bar to recovery. An affirmative defense is a defense that one must specifically state in one's responsive pleadings or it is lost. What that means is that the defendant may have an awfully good defense, but if he (a) fails to show up in court at all or (b) fails to properly state his defense in writing, you can still win. It doesn't mean that you can't file.

Also: the statute of limitations doesn't start to run until the cause of action accrues and [note this well] the plaintiff is in a legal position to assert his rights. As to the latter, there are specific ways in which the plaintiff may not be able to assert his rights that are legally recognized. You can't normally make up new ones. For example, if the plaintiff is a minor, the SOL doesn't start to run until he turns 18; if the plaintiff is in a coma or under some other disability as a result of the defendant's action; if the defendant has actively concealed the facts relating to the cause of action having accrued, etc.