After being injured in a negligence-based accident in Virginia Beach, it is important to be mindful of the state’s statute of limitations. A statute of limitations is the state-determined deadline by which you must either file a lawsuit or settle your case. Should the statute of limitations lapse, and you have yet to take any legal action, your right to collect financial compensation via a personal injury claim will be lost.
Virginia personal injury cases have varying statutes of limitations. The most common types of cases, those based on another’s negligence, have a deadline that expires two years from the date the incident occurred. In other words, you have two years from the day of your accident to file a lawsuit in court or settle your claim against the liable party.
Pursuing the right legal action can help you secure the compensation you deserve for medical expenses, lost income, and the physical pain and emotional distress you’ve endured. Partnering with the skilled Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp will help you ensure that you do not miss your filing window and give you the best shot at maximizing your financial recovery.
What Factors Can Delay My Virginia Beach Personal Injury Claim?
Even though most people think that personal injury claims are straightforward and fairly quick to settle, numerous elements can delay your personal injury claim and stop you from receiving the financial compensation that you need. Every case is different, and the length of time that your case takes to resolve hinges on multiple factors.
Fortunately, an experienced Virginia Beach personal injury lawyer can help you navigate the legal landscape and negotiate with the other parties involved to try to effectively settle your case.
DELAYED MEDICAL CARE
Following an accident, our Virginia Beach personal injury lawyers strongly urge victims to seek medical attention right away. Regrettably, many people underestimate the seriousness of their injuries, resulting in delayed treatment and potential complications down the line.
When victims experience “invisible injuries,” they often mistakenly think they are unharmed and are reluctant to pursue medical attention. Without the appropriate post-accident medical treatment, however, your injuries will be undocumented and difficult to correlate to the incident.
Since medical records are a crucial element in a personal injury claim, inadequate medical documentation can give rise to significant delays when trying to settle.
DISPUTED LIABILITY
In terms of personal injury claims, Virginia follows the laws of pure contributory negligence. Simply put, victims are barred from recovering any financial compensation if they are determined to be even 1% at-fault for their own injuries.
Due to Virginia’s strict laws governing liability, disputes about who was to blame for the incident are quite common. When a party refuses to accept responsibility for an accident, it can lead to considerable delays and may even require filing a lawsuit and going to trial to resolve questions of fault.
THE INSURANCE COMPANY’S PROCESS
Every insurance company has different internal processes, which can sometimes lead to delays in resolving a claim. These processes can vary across systems, including claim evaluation, investigation, approval, and internal review. The more complicated these procedures are, the more time it will take for you to receive restitution.
LEGAL ISSUES
Legal issues can also influence how quickly your personal injury claim is resolved. In many personal injury cases, lawyers will dispute jurisdiction, the statute of limitations, as well as other procedural arguments designed to hinder the progression of your claim.
SEVERITY OF YOUR INJURIES
Cases that involve complicated medical conditions or serious injuries caused by an accident often take more time. Where serious injuries are involved, delays are typically caused by the elaborate medical assessments involved. When a victim sustains an injury that requires long-term medical care, such as a traumatic brain injury or a spinal cord injury, evidence is required to demonstrate the injury’s severity and what long-term medical care will be required.
Due to this, severe injury claims usually demand specific ongoing medical treatments, professional opinions that correctly outline the degree of damage and necessary medical care, along with specialist consultations.
MULTIPLE PARTIES ARE INVOLVED
When more than other party is involved, determining liability can be extremely tricky. A thorough investigation will be carried out to determine whether one or more parties were responsible for causing the accident. It is also important to pinpoint the percentage of fault apportioned to each party. In accidents involving multiple parties, there are often multiple insurance carriers involved as well. Negotiating and coordinating with different insurers can result in delays as each assesses its policyholders’ degree of liability.
PRE-EXISTING CONDITIONS
Pre-existing conditions can also have a major impact on your Virginia Beach personal injury claim. A pre-existing condition is any injury or medical issue you had prior to the accident that resulted in your current claim. Insurers often exploit victims’ pre-existing conditions to deny or delay their claims.
The insurance adjuster might claim that your recent injuries were not caused solely by your accident but are a result of your condition. They may attempt to downplay the seriousness of your injury and try to get you to accept a settlement that is far less than what you deserve.
If you were injured in an accident in Virginia Beach and are thinking of filing a personal injury claim, please reach out to our Virginia Beach personal injury lawyers right away. Our committed team will work diligently to gather all necessary evidence, help you avoid unnecessary delays, and pursue the justice and financial compensation that you deserve.
Shapiro, Washburn & Sharp
Since 1985, our personal injury law firm has been committed to serving personal injury victims in Virginia Beach and its surrounding communities. We are dedicated to helping our clients hold negligent parties accountable and pursuing full and fair financial compensation.
With a strong track record of successful million-dollar recoveries, such as the $1.3 million settlement we recently obtained for the family of a client who passed away due to medical negligence.
If you were injured in an accident through no fault of your own, contact the skilled Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp by calling (833) 997-1774 or using the contact form on our website to schedule a free consultation. We will evaluate your case and review your legal options. For your convenience, our offices are located in Virginia Beach, Portsmouth, Hampton, and Norfolk.
