I'm curious as to the statute of limitations for madison county virginia for filing a civil suit for personal injury
Personal injury was attained while my father was being arrested so I need to know if there would be any special circumstances as it involves a law enforcment agency such as a shorter time frame to file a civil suit.
You need to talk with an attorney licensed in Virginia who can answer all of your specific questions. Statutes of limitations vary from state to state. For all personal injury matters in Virginia I would recommend Ben Glass. His phone number is 703-584-7277.
Your father has 2 years to bring that cause of action, but if you are trying to sue the police that standard is really high. It is not just negligence if they were acting in the course of their job. You must prove gross negligence. This may sound like I am being technical but it really is important you speak to a personal injury attorney like me as soon as possible.
In Virginia, you generally have two years to file suit after an injury. When a county is involved, you may have other notice requirements. Some cities and counties require notice of claim within six months of the date of injury. If the proper notice is not given, you could lose your rights. Either a federal claim or a state claim can be made in such cases. I recommend that you speak with a civil rights attorney or a personal injury attorney as soon as possible. He/she will be able to give you the correct time requirements for suing a county in Virginia.
I believe it is 2 years from the date of injury, but you should confirm this with an attorney licensed in Virginia. I agree with the recommendation to contact Attorney Ben Glass.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
If he was injured while in the process of being taken into custody, you need to speak with a local civil rights lawyer. It is not the same as if he was hit by car while riding a bike.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than... more
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.