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Virginia · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Virginia

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Filing deadlineAge 20 for surviving minor's personal injury claim; 2 years from death for wrongful deathVa. Code § 8.01-243

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Virginia?

Virginia personal injury SOL: 2 years (Va. Code § 8.01-243). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (Va. Code § 8.01-229). Wrongful death: 2 years from death (Va. Code § 8.01-244). A lawyer can confirm yours.

Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death

Virginia follows pure contributory negligence — any plaintiff negligence bars recovery entirely. Virginia product liability actions must be brought within 2 years of injury.

Source: Va. Code § 8.01-243

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Virginia follows pure contributory negligence — one of only five jurisdictions in the US — meaning a plaintiff who is even 1% at fault cannot recover. For NEC formula cases involving infants, contributory negligence should be difficult to establish against the infant plaintiff, but Virginia's legal environment is challenging overall for plaintiffs. Virginia's 2-year personal injury SOL is tolled for minors until age 20.

Medical facilities in Virginia

  • Children's Hospital of The King's Daughters — NICU (Level IV)

  • UVA Children's Hospital — NICU (Level IV)

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do overview. This page covers the local information available for Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Va. Code § 8.01-243