Virgin Islanders who suffer personal injuries could have an additional year to file lawsuits under legislation approved Thursday by the Senate Committee on Homeland Security, Justice and Public Safety. Bill 36-0338 would extend the current two-year filing deadline to three years, giving injured residents more time to seek compensation through the courts.
The measure, sponsored by Senators Franklin Johnson and Clifford Joseph Sr., received support from Attorney General Gordon Rhea and attorney Russell Pate, who argued that the existing deadline can prevent seriously injured residents from pursuing legal claims while undergoing medical treatment and recovery.
Mr. Johnson described the current two-year statute of limitations as a “very short time,” particularly for residents whose injuries require specialized medical care unavailable in the territory.
“Many, many residents of this territory are airlifted on a daily basis, and … if you don't come back within a two-year span, you could lose any opportunity for bodily harm litigation,” he said.
The senator argued that some injured Virgin Islanders are losing opportunities to obtain compensation because they cannot pursue their claims within the existing timeframe.
Attorney General Rhea strongly supported the proposed change, saying the current deadline places an unnecessary burden on people seeking compensation for injuries caused by others.
“There is simply no reason for our citizens to be subjected to a statute of limitations that hinders many of them, including some of those suffering from the most serious injuries, from seeking legal redress and compensation from the parties responsible for their injuries,” Mr. Rhea testified.
He also suggested that lawmakers consider additional flexibility in cases involving severe injuries. Responding to questions from Senator Dwayne DeGraff, the attorney general said there may be circumstances in which an injury prevents a full determination of its extent within the prescribed period.
Such cases, he suggested, could warrant a further extension beyond the proposed three-year deadline.
Attorney Russell Pate also supported the legislation, describing it as a matter of “fixing inequality” in the legal system. Extending the statute of limitations, he argued, would allow injured residents to “focus on their medical care first” rather than face pressure to initiate litigation while still recovering.
“When someone misses the statute limitations, the cost of their injuries are now not borne by the wrongdoers who caused the harm, but are borne and paid for by the taxpayers of the Virgin Islands,” Mr. Pate stated.
The existing two-year limitation is established under Title 5 of the Virgin Islands Code and generally governs personal injury lawsuits. The proposed amendment would provide an additional year for injured parties to initiate legal proceedings.
Following a favorable committee vote, Bill 36-0338 advances to the Committee on Rules and Judiciary for further consideration. The proposed three-year deadline has not yet become law
