In Virginia, the time limit for making a claim for a personal injury resulting from a car accident (or any other personal injury) is governed by the state’s statute of limitations and is typically two years from the date of the incident. Statutes of limitations set legal deadlines for filing lawsuits.
If you fail to file a lawsuit within this two-year period, you may lose your right to pursue a claim and compensation for your injuries and related damages. This is why it might be worth getting an attorney for a car accident.
Nuances of the Law in Virginia
It’s important to note that the statute of limitations can vary based on the specific circumstances of your case and the nature of your injuries. It’s advisable to consult with a Virginia Beach car accident attorney to understand the exact time limit that applies to your situation, so take whatever legal action is necessary within the designated timeframe.
Waiting until the statute of limitations is close to expiring can make it more challenging to build a strong case and may limit your ability to be granted compensation for your injuries. If you miss this deadline, the court is likely to dismiss your case. If this happens, you forfeit the opportunity to recover damage.
Points Specific to Car Accidents
There are several key elements to consider that relate specifically to car accident injury claims in Virginia:
- Date of the accident: Because the two-year statute of limitations typically starts running from the date of the car accident, it is essential to know the exact date of the accident to calculate the deadline accurately.
- Special circumstances: There may be exceptions or circumstances that affect the timing for making a claim. For instance, if a government entity is involved, shorter notice requirements and deadlines may apply.
- Discovery: In some situations, injuries from a car accident are not always immediately obvious. In Virginia, the statute of limitations may start from the date when the injury was or should have been discovered. Note that there are certain conditions that need to be met for this exception to be valid.
- Evidence: Waiting until the last minute to file a claim can be detrimental to your case. Make sure to preserve evidence, collect witness statements and photographs from the scene, gather medical records, etc. The sooner you begin the process, the better your chances of building a strong case.
Many car accident injury claims are resolved through negotiation and settlement rather than the court. These negotiations can take time, so it’s advisable to start the process well in advance of the statutory deadline to allow for sufficient time for negotiations.
A Few More Thoughts
If you have sustained injuries in a car accident in Virginia and want to pursue a personal injury claim, it is crucial to be aware of the state’s statute of limitations. While the standard time frame for filing a personal injury lawsuit is two years from the date of the incident, you need to be cognizant of the factors that can impact the deadline.
To ensure that you protect your legal rights and have the best chance of obtaining compensation for your injuries, consult with a knowledgeable personal injury attorney from The Coastal Virginia Law Form as soon as possible after the accident. An attorney can provide guidance, evaluate your case, help you meet the necessary deadlines to pursue a claim successfully, and dispute fault for the car accident.
