Virginia Traumatic Brain Injury Resources & Support Programs

Virginia residents affected by a traumatic brain injury have access to a strong network of advocacy, rehabilitation, and research resources across the state. The Department for Rights of Virginians with Disabilities and Brain Injury Community Based Services, both based in Richmond, provide legal protections and community support to help TBI survivors understand their rights and access the services they need. Virginia is also home to the Center for Neuroscience and Regenerative Medicine at the Uniformed Services University of the Health Sciences, a federally affiliated research center that accepts study volunteers and represents an important resource for those interested in contributing to advances in brain injury treatment and recovery.

Funding support is available through the Department of Rehabilitative Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services, which can help eligible Virginia residents access vocational rehabilitation and behavioral health programs. The Brain Injury Association of Virginia, located in Richmond and reachable by toll-free line, connects survivors and caregivers with statewide advocacy, education, and peer support. Those navigating the legal aspects of a TBI claim in Virginia may benefit from reviewing traumatic brain injury statutes of limitations by state to understand the deadlines that apply to personal injury, medical malpractice, and workers’ compensation claims.

How to use this list of Virginia Statutes of Limitations and Repose

• “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
• “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
•  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
• “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
• Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

• Confirm the current law as soon as possible.
• Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
• Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: Va. Code Ann. § 8.01-243(A) (2 years)

Medical Malpractice: Va. Code Ann. § 8.01-243(A) (2 years from act/discovery, 10 years repose)

Products Liability: Va. Code Ann. § 8.01-243(A) (2 years); Va. Code Ann. § 8.01-250 (5 years repose)

Workers’ Comp: Va. Code Ann. § 65.2-601 (2 years from injury)