In a decision published on January 18, 2010, Judge James V. Lane, of the Rockingham Circuit Court concluded that despite the fact that the plaintiff in a personal injury action had increased her damages request in a complaint refiled after taking a non-suit, that the case was still the same action, and did not run afoul of the statute of limitations. The judge's decision makes it permissible to refile an action after taking a non-suit, and changing the amount sued for.
The advantage that this ruling provides to a plaintiff's attorney in a personal injury action is an important one. In cases where additional treatment or injuries must be addressed during the course of discovery leading up to trial, this provides an additional method for changing the amount sued for to encompass the increase in damages. Without this, the only way to increase the amount sued for would be to amend the complaint. Due to the Northern Virginia Courts' strict adhearance to the requirement that a case be concluded within one year of filing, a late amendment can become almost impossible.
This ruling seems appropriate because many cases involve treatment and injuries that take years to conclude or discover. The requirement that a case be filed within two years, sometimes leaves the plaintiff's attorney in a difficult position, in that they must estimate what the damages might be like a year down the road. If the damages unexpectedly increase dramatically, the non-suit procedure may provide a necessary method to properly provide for the injured plaintiff.
If you or someone you know would like more information on the Non-Suit Powers in Virginia please contact the Virginia auto accident attorneys at Portner & Shure.
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