The claimant normally has 2 years to file an injury lawsuit in court in VA. However, there are exceptions, like if the injured person is a minor. So, I would need more details to be sure that the general rule applies.
Virginia is a bit unusual as we give the plaintiff 1 full year to serve the suit.
These kinds of civil procedure questions are best addressed by the lawyer handling the case as there are many wrinkles as I have learned over my 25 years in the field of accident litigation.
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