Legal Question in Personal Injury in Virginia

Re: ''Diligent Prosecution''

The statute of limitations governing the time frame in which personal injury actions may be brought in the Commonwealth againt an alleged tortfeasor is normally two years from the date of the injury with certain exceptions related to the commission of fraud or concealment on the part of the alleged perpetrator or cases which involve the infancy of the injured victim.

Re: ''Diligent Prosecution''

case must be filed within 2 years of the tort (date of accident)and served on the defendant within 1 year of that date--the court will then set a trial date, generally within 1 year of the date of service on the defendant. I suspect that although you have not completed treatment, enough time has passed for your doctor to predict the future necessary treatment and the outcome. Note, that failure to obtain service on the defendant within 1 year of the date suit was filed may result in dismissal of your case.