If you’ve been the victim of a car accident in Virginia, you generally have two years to pursue your personal injury claim[1]. Once your case is filed, several actions occur as your case makes its way through the court. These include but are not limited to serving your law suit on the defendant, obtaining a trial date, and engaging in discovery.
However, sometimes, your case doesn’t progress smoothly. Perhaps your injury turned more complicated than initially anticipated, your doctor is no longer able to testify at trial, or whatever the case may be. In those instances, your attorney may want to “nonsuit” your case. Here’s what that means.
Under Virginia Code Section 8.01-380 Virginia state law permits a plaintiff to non-suit to their case. This essentially means that plaintiffs are permitted to stop and re-start their claim if more time is needed.
As you might imagine non-suiting your case isn’t an absolute right. There are certain aspects that you need to understand before you do so. Here are a few things to think about.
Keep in mind, if you and your attorney agree that taking a nonsuit is the smart thing to do for your case, you must re-file it within six months of the nonsuit, or you will lose your ability to further pursue your claim. This is a rule some often forget. So make sure to put it on your calendar.