The Virginia Statute of Limitations is the act that defines the time limits to bring legal action in the Commonwealth of Virginia. Virginia has a statute of limitations in both civil and criminal law. If you have been injured due to the negligence of another person, it’s important to file a lawsuit within the period outlined by the statute or you will waive your right to sue.
Under most circumstances, the statute of limitations in Virginia is two years but there are exceptions. If you have been hurt or a family member has died due to the fault of another, you should talk to an experienced Virginia injury lawyer as soon as possible.
How Long Do You Have to Bring A Virginia Personal Injury Case?
Under Virginia Code § 8.01-243 actions for personal injury should be brought within two years of the incident in which you were injured with some exceptions.
The two-year limitations period may be extended in medical malpractice actions against healthcare providers in the following situations where the patient was not aware of the issue:
A foreign object with no therapeutic or diagnostic effect was left in a patient’s body. The period may be extended for a period of one year from the date the object was discovered or reasonably should have been discovered;
Fraud, concealment, or intentional misrepresentation prevented the discovery of the injury within the two-year period. The statute of limitations may be extended by a year from the date the injury was discovered or reasonably should have been discovered.
When a healthcare provider has failed to diagnose a malignant tumor, cancer, or an intraspinal, intracranial, or spinal schwannoma, the statute of limitations can be extended for a year from the date the diagnosis was given to the patient by a healthcare provider as long as the provider’s underlying act or omission occurred on or after July 1, 2008.
Generally, the statute of limitations cannot be extended more than 10 years after the original injury occurred.
The existence of a statute of limitations means it’s important to file personal injury lawsuits in a timely fashion. You should not wait until the 11th hour to file a claim. However, it’s also important not to rush the process. Some people who are injured in accidents clamor to reach a settlement with the insurance company. This can be a serious mistake before the full extent of your injuries are known.
What the Virginia Statute of Limitations Means for You
Although you have two years to bring a case, this does not mean your case has to settle or be heard by a judge or a jury within that time. Many cases take more than two years to litigate.
The statute of limitations requires that you file a civil action in the court before that period expires.
If an accident victim waits too long to file a personal injury lawsuit, the defendants must plead expiration of the period of limitation in the answer to your complaint. The burden of proof is on the defendants to show you waited too long to sue.
An Experienced Injury Lawyer Can Advise You on the Virginia Statute of Limitations in Injury Cases
At the Smith Law Center, our attorneys will take over your legal case and allow you to concentrate on making a recovery. We will ensure your case is filed in a timely manner. The Smith Law Center team is supported by a diverse staff of 28 who collectively bring over 300 years of experience to the firm. Call us at (757) 244-7000.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.
Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.
Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.
Mold in Military Housing
Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.
Hypersensitivity pneumonitis in individuals with weak immune systems.
There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.
Understanding Exposure to Toxic Mold in Military Housing
The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.
Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.
Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.
People may be more likely to experience mold toxicity symptoms if they have:
Allergies,
An underlying lung disease,
Immune suppression,
Chronic obstructive pulmonary disorder,
Asthma, or
Another chronic respiratory disease.
Common Types of Military Housing Mold
When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
Who is Liable for Military Housing Mold?
Since 1996, most military housing has come under the management of private companies:
Belfour Beatty Communities: Fort Eustis and Fort Story/li>
Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
Hunt Military Communities: Fort Lee and Langley AFB
Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.
Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.
If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.
The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.
Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.
Other Hazards in Military Housing
Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:
Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.
Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.
Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.
Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.
What Happens When a Lot of People Get Sick?
Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.
Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.
Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.
Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away
Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.
Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.
Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.
You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.
Military Housing Mold Lawsuits: FAQs
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