Deadlines can add to the stress following a car accident, but they’re crucial if you intend to file an insurance claim or take legal action. A Virginia car injury attorney can help you navigate these responsibilities, ensuring you meet all necessary deadlines while you focus on recovery.
Although your attorney will handle most communications, understanding the timeline is essential for planning your next steps. Typically, you need to report your accident within a day, but in Virginia, you generally have two years from the date of the accident to file a personal injury claim.
Managing Post-Accident Stress with Legal Deadlines in Mind
After a serious car accident, your main concern should be your physical and emotional wellbeing. However, Virginia law imposes a time limit on filing a lawsuit against the responsible party. Contacting a seasoned car accident lawyer as soon as possible can help you manage the financial aftermath effectively.
Every state has statutes of limitations dictating how long you have to sue someone who caused you harm. This two-year period applies to traffic accidents, workplace incidents, defective products, and other preventable accidents causing serious injuries. It also covers wrongful death claims filed by families of victims of fatal accidents.
Navigating the Aftermath of a Car Accident: Legal Steps and Timelines
What happens after a car accident that is your fault can be overwhelming, especially if you or a loved one is seriously injured. Prioritizing your health is crucial, but it’s also important to notify law enforcement about the incident.
If you don’t report the accident, there won’t be an official record of your losses. You have twenty-four hours from the time of the accident to report it.
For personal injury cases, Virginia law gives you exactly two years from the date of the accident to file a lawsuit. Missing this deadline, even with strong evidence of negligence, will result in your case being dismissed.
The statute of limitations requires that you file within two years, but the resolution of the case can extend beyond that period. Note that this limitation is separate from deadlines imposed by insurance companies for settlements, which may differ.
Reporting a Car Accident in Virginia
In Virginia, you have two ways to report a car accident. If police officers arrive at the scene, your task is complete. While they might not detail your personal losses, they will file a report including fault implications and the names of the involved parties. If no officers come to the scene, you’ll need to report your losses to the Virginia DMV or contact local law enforcement directly to describe your accident.
Though the two-year deadline for filing a lawsuit is generally strict, there are exceptions. For instance, if an injury leaves you physically or mentally unable to file a lawsuit, such as in the case of a coma or severe brain injury, the statute may be paused.
Still, it’s best to work with an attorney well before this deadline. Investigations require time, and your lawyer will need ample opportunity to build your case.
Managing Your Health and Legal Steps Post-Accident
Predicting long-term injuries from a car accident is challenging. To ensure your injuries are documented, visit a doctor soon after the accident. This documentation will support any future claims, and early scans can detect injuries that aren’t immediately apparent, allowing you to start treatment early.
If you have visible injuries, you might wonder if a trip to the ER is necessary. It generally is, both for medical and claims purposes. Visiting the ER shows insurers that your injuries are serious enough to warrant immediate medical attention, which can help secure a fair settlement.
Taking the Right Road
Navigating the aftermath of a car accident in Virginia involves understanding and adhering to crucial legal deadlines, such as the two-year statute of limitations for filing a lawsuit. Reporting the accident promptly to law enforcement or the Virginia DMV, seeking immediate medical attention, and documenting your injuries are essential steps.
Working with an experienced attorney from Coastal Virginia Law early on can help you to manage these tasks, gather necessary evidence, and negotiate with insurance companies. Taking swift and informed action can significantly impact the outcome of your claim!
