The Commonwealth of Virginia has a nonsuit statute. A nonsuit allows you to essentially dismiss your claim, which you can do one time in Virginia. With a nonsuit, you can voluntarily withdraw your case from the court and begin again at a later date. In short, a nonsuit lets you start over.
There is a deadline (a.k.a. statute of limitations) as to when you can file a personal injury or medical malpractice lawsuit, which in Virginia is usually two years from the date of injury. However, you may be able to re-start your case through a nonsuit, even if the statute of limitations might otherwise have run out.
When a nonsuit is taken, the auto accident victim typically has six months to re-file the action.
It is important to mention that nonsuit rules are different in each state. If you are filing a personal injury or medical malpractice in a state outside of Virginia, be sure to speak with a lawyer.
If you would like to talk with the team at BenGlassLaw about your own auto accident claim, call us at (703)584-7277.
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