A statute of limitations is essentially the time limit in which someone can take legal action after an incident occurs.  Here are five things to know about statutes of limitations:

1.   There is a limited amount of time in which you can file a lawsuit after a wrongdoing.

In Virginia, for example, there is a two year limit of injuries to a person, libel, slander or fraud.  There is a five year statute of limitations for injury to personal property, trespassing and breach of written contracts.  After this time has passed, the window of opportunity has closed for filing a lawsuit.


2.   There is a limited amount of time in which a prosecutor must file criminal charges against someone after they’ve been arrested.

Of course, time limits do not apply to the most serious crimes such as rape or murder.  But statutes of limitations for other less serious offences are meant to protect the integrity of evidence and maintain justness in our justice system.
In Virginia, most misdemeanors are given a one year time limit.  There is also a five year statute of limitations for cruelty to animals and tax evasion, for example.

3.   There are exceptions to statutes of limitations.

In some cases, a person is not aware that they’ve been wronged or injured until a significant amount of time has passed.  For example, in the case of medical malpractice, a patient may not know that their doctor botched their surgery until unexpected symptoms arise a few years later.  In another example, a woman may not become aware that her male counterparts were paid a significantly higher income until a few years down the road.  In these cases, the “clock” starts ticking on the statute of limitations at the moment of discovery.

4.   There are complicated rules about when the “clock” starts ticking.

It’s hard for anyone other than a lawyer to figure out when the clock starts ticking on a statute of limitations.  Why?  Because the timer doesn’t necessarily start counting down at the moment a crime is committed.  For example, if a suspect flees the state, the timer stops.  A fugitive could live out-of-state for decades with the timer on pause, but when they re-enter the state the statute of limitations starts ticking again.

5.   It’s important to hire an attorney as soon as possible.
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​Since there are many factors in determining the time limits for filing a lawsuit, it’s always better to work with an attorney.  The sooner you hire an attorney, the more time they will have to build a case for you before the statute of limitations runs out.

Traffic tickets aren’t just costly in terms of fines.  They also put demerit points on your driving record, which can increase your monthly insurance premium.  Here are four great reasons why you should consider hiring a lawyer if you’re faced with traffic charges:
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1.  A lawyer knows how to get you out of it.
 
Lawyers are trained to find loopholes.  Unlike the average person, a lawyer will know where to look for the tiniest error in your traffic violation.  They know the laws and they understand the technicalities.  If a mistake has been made, your legal counsel will be all over it.  And that could mean getting out of your ticket altogether.
 
2.  A lawyer knows how to get your ticket reduced.
 
Lawyers are trained in the art of negotiation.  If they can’t get you out of it, they will likely be able to reduce the charges and reduce the fine you’re required to pay.  This could mean you would have few or no points against your driving record, which keeps your insurance payments low.
 
3.  You’ll look better in front of the judge.
 
Hiring a lawyer will show the judge that you’re invested in your case, and that could sway the judge to grant you a more favorable outcome.  Having legal counsel by your side indicates that you are willing to go the extra mile to prove your innocence, or at the very least, your good intentions.  Also, your lawyer will have a good sense of the judge’s personality and rulings because they’ve appeared in front of them many times in the courtroom.  That means your lawyer has an established dynamic with the judge that will work to your advantage.
 
4.  It probably costs less than you think.
 
Most traffic lawyers, like us, have reasonable rates.  And we offer the extra advantage of a free consultation.  It doesn’t cost you a dime to call us and see what your options are, and getting your ticket reduced or removed from your record is usually well worth it.

Advance care planning can make a critical difference in the life of your family.  Advance planning is especially important in emergency situations or when faced with end-of-life care.  Planning ahead involves discussing and deciding on treatment instructions and appointing a health care proxy decision maker in the event that an aging parent becomes disabled and cannot make their own medical decisions.

Communication is the most essential part of advance care planning.  It’s important that it be an ongoing process that includes everyone who will be affected by these decisions.  Planning should adapt to changing circumstances, and should reflect your aging parent’s wishes, values and beliefs.

The idea that a loved one may someday become incapacitated or be faced with end-of-life decisions is a difficult and emotional subject, but talking about your parents’ wishes ahead of time can provide peace of mind at a later and more difficult moment, and can avoid conflict within the family.

What should you discuss with your aging parents?  Their values and spiritual beliefs are very important to consider when developing an advance care plan.  You should know their concerns and preferences about what medical decisions should be made if they became incapacitated.

It’s also important to decide who should be appointed as their health care proxy decision maker.  This person needs to be someone who they trust to make decisions on their behalf that reflect their wishes and beliefs about care, even if that means denying life-sustaining treatment.  This very sensitive topic is important to approach in advance, as an advance decision could save a family from agony later on.

Some of the documents you will need to put your plan into effect may include a Living Will or Advance Medical Directive, and a Power of Attorney.  We can help put your plan into place.  Please contact us to discuss your options and begin your advance care planning, or drop by our office in downtown Covington, Virginia.