Who Has the Right to File a Personal Injury Case in Virginia?

When you’ve been injured in an accident caused by someone else, you want a lawyer who is experienced and skilled in personal injury law advocating for you. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

What Is a Personal Injury Case?

A personal injury case arises when one person suffers harm due to another’s actions or negligence. Common examples include:

• Car accidents
• Slip and fall incidents
• Medical malpractice
• Product liability cases
• Workplace accidents (outside of workers’ compensation)

The injured party may seek compensation for both economic and non-economic damages, such as medical costs, property damage, pain and suffering, and loss of enjoyment of life.

Who Can File a Personal Injury Case in Virginia?

The Injured Party

The individual who directly suffers physical, emotional, or financial harm has the primary right to file a personal injury claim. To have a valid case, the plaintiff (injured party) must prove that:

• The defendant owed them a duty of care.
• The defendant breached that duty through negligence or wrongful conduct.
• The breach directly caused the plaintiff’s injuries.
• The injuries resulted in quantifiable damages.

For example, in a car accident, the injured driver or passenger can file a claim against the at-fault driver if they sustained injuries due to the latter’s negligence, such as speeding or running a red light.

Parents or Guardians (for Minors)

When the injured party is a minor (under 18 years old in Virginia), their parent or legal guardian must file the personal injury claim on their behalf. Any compensation awarded will typically be held in trust for the minor until they reach adulthood.

For instance, if a child is injured due to a defective toy, their parents can sue the manufacturer for product liability.

Legal Representatives for Incapacitated Persons

If the injured person is mentally or physically incapacitated and unable to handle their legal affairs, a court-appointed guardian or conservator may file the claim on their behalf. This ensures that vulnerable individuals can seek justice and fair compensation for their injuries.

What if the Victim Dies from Their Injuries?

If a personal injury results in the victim’s death, Virginia law allows specific surviving family members to file a wrongful death lawsuit. This is distinct from a typical personal injury claim and is governed by the Virginia Wrongful Death Act.

The following individuals, in order of priority, have the right to file:

• Spouse, children, and grandchildren
• Parents and siblings (if the deceased has no spouse, children, or grandchildren)
• Other relatives who were financially dependent on the deceased

Wrongful death claims may seek compensation for funeral expenses, medical costs prior to death, loss of income, loss of companionship, and emotional suffering.

Is There a Time Limit for Filing Personal Injury Cases?

Virginia enforces a strict statute of limitations for personal injury cases, which dictates how long the injured party has to file a claim. The deadlines are as follows:

• Personal Injury: Two years from the date of the injury.
• Wrongful Death: Two years from the date of death.
• Minors: The two-year clock begins when the child turns 18 unless filed earlier by a guardian.

Failing to file within this period can result in the case being dismissed.

What Should I Do If I’ve Been Injured in an Accident?

If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney specializing in personal injury cases to discuss your options.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.