Legal Question in Personal Injury in Virginia

injuried about 10 years ago

I slipped in a meat cooler at a grocery store in or close to 1997 and suffered a dislocated knee which I had to go to physical therapy for and have continue to have pain and problems from the injury. Since it was so long ago is there a chance to take any legal action to help compensate my pain and suffering?


Asked on 12/04/08, 7:43 am

2 Answers from Attorneys

Gregory Kennedy The Kennedy Law Firm

Re: injuried about 10 years ago

Generally speaking, Virginia law provides that a personal injury claim be filed within 2 years of the time of injury. However, if the injury occurred prior to turning 18, the individual must file w/in 2 years after turning 18. Also, if the individual has been incapacitated (mental incapacity), the clock stops ticking until capacity is regained. If you don't fit into one of these exceptions (minority or incapacity), your claim is time barred by the 2 year statute of limitations.

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Answered on 12/04/08, 10:04 am
Jonathon Moseley Moseley & Associates Law Firm

Re: injuried about 10 years ago

Unfortunately, no. My colleague is correct. Lawyers advertise and try to warn people to take action promptly, but a lot of people put it off, maybe hoping that it won't be serious. I have members of my own family and in-laws who have been injured and I put a lot of time and energy into helping them understand what they could do about it, and they just let the matter drop without acting. Now it is too late. My mother had her eye injured in a lasik operation in another State (where I am not licensed) but did not listen to take any action in time.

In my experience, while there are some people who sue who should not sue, there is a huge number of people who SHOULD sue who do not.

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Answered on 12/04/08, 11:02 am


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