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Hello, I have a question for a Personal Injury attorney who is knowledgeable on the VA statue of limitations.

Chantilly, VA |

I have a PI case which resulted from an auto accident where the other party was at fault. At the time of the accident I lived in MD but the accident occured in VA.

1. If the case were to go to trial, woudl I be filing in MD or VA?

2. If VA, is this required? Could i not file in MD if I live there?

3. If this claim woudl be filed in VA, I am unclear of the statue of limitations. I have pasted below what i have found relating to this, but am unclear if this claim would relate to the 5 year written contract, or the 2 year injury. Needless to say this is a personal injury as a result of an auto accident, but there is an insurance contract. * What time limit applies?* Virginia 5(written contract) 3 (oral contract) 2 (injury) 5 (property damage)

*PS* I am looking for an attorney.

Attorney Answers 6


  1. Best answer

    In Virginia, the statute of limitations for personal injury is 2 years from the date of the accident. For property damage, 5 years. The Maryland court, should the defendant reside there, will apply the Virginia statute of limitations.

    You may contact me for a free consultation:
    Peter@jabalylaw.com
    703-209-2355

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.


  2. The case must be filed either where the accident happened or where the defendant lives.

    It does not matter where you live.

    The statute of limitations on the personal injury claim is two years.

    For any property damage to your vehicle the statue limitations is five years.

    It does not matter that there is an insurance contract involved.

    Even if the case can be filed in Maryland because the defendant lives there the Maryland court will apply to Virginia statue limitations.

    Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.


  3. You would file where the injury occurred of where the defendant resides. If that's in va then that's where you would file. Contact a va attorney who contributes on this site.

    Tim


  4. Undertanding that missing the deadline for a statute of limitations effectively prevents you from any recovery, it is often best to hedge your bets with the shortest statute period. It sounds like you are on the right track. I would use the Avvo search to find an appropriate attorney. best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  5. File where accident happened. 2 years. Depending upon the amount you sue for, you could file in Federal court if you prefer to Va state court. Leave these issues to your atty. Find someone asap.


  6. 2 years for personal injury, and 5 for property. Best bet is to call one of the lawyers in your state who responded above. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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