A Brain Injury Changes Daily Life. Clear Information Can Help You Plan Next.

A serious brain injury after a crash can change daily life quickly. It also raises a hard question: how long do you have to file a traumatic brain injury lawsuit in Virginia? This guide answers that question and explains the timing rules people often mix up.

What is the statute of limitations for filing a traumatic brain injury lawsuit in Virginia?

A traumatic brain injury lawsuit in Virginia generally falls under the two-year limit for personal injury claims. The clock usually starts on the date of the injury, not the date someone notices the damage. The rule concerns filing a lawsuit. It does not set a deadline for seeing a doctor.

Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions.

Brain injuries can vary widely in severity, from concussions to injuries with lasting effects. The main rule is in Va. Code § 8.01-243. The start date rule appears in Va. Code § 8.01-230.

Some claims carry shorter notice rules. A claim against a county, city or town requires a written statement filed within six months under Va. Code § 15.2-209, but failure to provide the statement does not bar the claim if the attorney, chief executive, or mayor of that locality, or any insurer or entity covering the claim, had actual knowledge of it within six months. Va. Code § 15.2-209 reads: “Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.” A claim against the Commonwealth requires notice within one year under Va. Code § 8.01-195.6, but failure to provide the statement does not bar the claim if the Division of Risk Management, an insurer or entity covering the claim, or the Attorney General had actual knowledge of it within one year. Va. Code § 8.01-195.6 reads: “Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency or agencies alleged to be liable, within one year after such cause of action accrued.”

Why do delayed brain injury symptoms matter for the filing clock?

Delayed symptoms do not change when the filing period begins. The clock still starts on the date of the injury. Symptoms still matter, though, because they help show how the injury affected your life.

Brain injury symptoms do not always appear all at once. A peer-reviewed study of college students describes concussion as a traumatic brain injury with cognitive, physical, emotional and sleep symptoms. Examples in those groups include memory trouble, headaches, mood changes and trouble concentrating.

The Virginia Department of Education’s guidance on traumatic brain injury lists cognitive, behavioral and physical impairments that can follow this kind of injury. That guidance is written for school settings, so treat it as a general reference.

Because symptoms can shift over time, keep a dated record. Note each symptom, each medical visit and each day of missed work. Dated notes make the timeline easy to follow if the claim is later disputed.

Does reporting a crash have the same deadline as filing a lawsuit?

No. Reporting a crash is a separate duty, and it is due right away. The two-year period applies to filing a lawsuit, not to making a report.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894).

Va. Code § 46.2-894 also makes a violation involving injury or death a Class 5 felony.

A police report is one record that can show where and how the crash happened. It can also note what the officer saw at the scene. Keep your copy and the report number in a safe place.

How does the deadline work when a brain injury leads to death?

When a brain injury leads to death, a wrongful death case runs on its own clock. That clock starts on the date of death.

A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects.

Family members generally do not file the case themselves, because the action is brought by the personal representative; fetal death actions under subsection B are brought by the natural mother, or, if she dies or becomes a person under a disability as defined in § 8.01-2, by the administrator of her estate, her guardian, or her personal representative qualified to bring such action. They share in the recovery that the personal representative pursues.

Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52).

The damages list appears in Va. Code § 8.01-52. The list above follows Va. Code § 8.01-52 (Va. Code § 8.01-52), which does not name the decedent’s own suffering among the damages it covers.

How can partial fault affect a traumatic brain injury claim?

Partial fault can matter a great deal in Virginia. It can decide whether a claim recovers anything at all.

Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions. Talk to a lawyer about your facts.

Evidence often decides fault disputes. Photos of the scene and vehicles can show positions and damage. Names of witnesses, the crash report and any dashcam footage can help explain what happened. Notes written soon after the crash also help, because they capture details while they are fresh.

What records help document a traumatic brain injury claim?

Records that show how the crash happened, and how the injury changed daily life, tend to matter most. Gather them early and keep originals safe.

• The crash report and any photos from the scene.
• Medical records and imaging, such as scans.
• Pharmacy receipts for prescribed medicine.
• Letters from an employer about missed work and lost income.
• A dated symptom diary.

Correll Law Firm handles car, truck and commercial vehicle crash cases. The firm serves people across the Shenandoah Valley, Richmond and Henrico County. Its offices are in Winchester and Harrisonburg.

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