A severe brain injury can leave a person unable to follow a medical plan, deal with an insurer, or even understand that a deadline is running. Virginia law has rules for that situation, and they affect who files a claim and when. Families coping with a serious head injury should know how those rules work.
Virginia Gives Most Injury Claims Two Years
Under Va. Code 8.01-243, an action for personal injury must generally be brought within two years after the cause of action accrues. That clock usually starts when the injury occurs, not when a family finishes treatment or learns the full extent of the damage.
Two years can pass quickly. Hospital stays, rehabilitation, and insurance paperwork can fill the first year, and a brain injury claim needs time to document long-term effects. The general statute of limitations is a deadline worth putting on the calendar on day one.
A Serious Brain Injury Can Pause the Clock
A different section addresses people who become incapacitated after a cause of action accrues. Under Va. Code 8.01-229, the time during which the person is incapacitated is not counted toward the limitation period, except where a conservator, guardian, or committee is appointed. Incapacity can be shown by a court adjudication or by a finding that the person was incapacitated within the limitation period.
The rule has limits. It doesn’t apply to every concussion or mild injury, and the facts have to support it. It exists for people whose condition prevents them from handling their own legal affairs. Medical evaluations and caregiver records usually matter when the question is whether a person could manage those affairs at all.
A Guardian or Conservator May Need to File
When a court appoints a guardian or conservator, that representative may bring the action before the limitation period expires or within one year after qualifying, whichever occurs later. The appointment itself is a legal step with its own paperwork, so families pursuing a Richmond personal injury claim often have to handle both tasks together.
Those steps raise practical questions about who has authority to sign, who receives settlement funds, and whether a court must approve a resolution. Each answer depends on the injured person’s capacity and on what the court has ordered, and a Richmond TBI lawyer can sort through both.
Records Show What the Injury Changed
A brain injury claim rests on proof of how a person functioned before and after the event. Useful records include:
- Imaging, hospital charts, and neurologist notes from the first weeks
- Neuropsychological testing that measures memory, attention, and judgment
- Therapy records from speech, occupational, or physical therapists
- Employer statements about changes in work performance
- Written observations from family members who saw the person daily
Gathering that material early matters, since a traumatic brain injury claim usually requires detailed documentation of the person’s daily limits. Photos, calendars, and caregiver notes can fill gaps that medical charts leave, and they show the injury in daily life, where it matters most.
The Cause of the Injury Shapes the Claim
A crash on I-95, a fall at a store, and a workplace accident each involve different insurers and different proof. When a head injury leaves lasting disability and long-term care needs, a Richmond catastrophic injury lawyer can examine the full cost of care, including future needs that haven’t yet appeared.
Virginia also applies a strict rule on shared fault. Any suggestion that the injured person contributed to the crash deserves a prompt response, and the contributory negligence rule can bar a claim entirely in some cases.
Managing attorney Joe Blaszkow leads Blaszkow Legal, PLLC, and he is admitted in Virginia, Maryland, and the District of Columbia. We’ve handled injury cases for 43 years, and our attorneys represent plaintiffs only.
Waiting for a person to recover before investigating a claim can cost a family time they don’t have. A Richmond family dealing with a serious head injury can get in touch with us, and we’ll explain how the deadline and the incapacity rules apply to their situation.
