The Legal Examiner Affiliate Network The Legal Examiner The Legal Examiner The Legal Examiner search instagram avvo phone envelope checkmark mail-reply spinner error close The Legal Examiner The Legal Examiner The Legal Examiner
Skip to main content
What Is the Statute of Limitations in a Car Accident Claim?

Partner with Shapiro, Washburn & Sharp Personal Injury Law Firm

When you’re involved in a car accident in Virginia, the statute of limitations is one of the critical factors that can impact your ability to seek compensation. The statute of limitations is a legal time limit within which you must file a lawsuit to pursue a claim for damages resulting from the accident. Understanding the statute of limitations for car accident claims is crucial, as missing this deadline can result in losing your right to seek compensation. Working with a Virginia Beach car accident lawyer from the beginning of your case can help you avoid missing this deadline.

Virginia’s Statute of Limitations for Car Accident Claims

In Virginia, the statute of limitations for personal injury claims, including those arising from car accidents, is generally set at two years from the accident date. This means you have a two-year window to initiate a lawsuit seeking compensation for injuries and damages resulting from the accident. There are some key points to understand about this timeframe:

The “Clock” Starts Ticking from the Date of the Accident

It’s essential to note that the statute of limitations clock starts ticking on the date of the car accident. In most cases, you must file your lawsuit within two years of that specific date. If you fail to do so, you may be barred from pursuing legal action to seek compensation.

Importance of Timely Action

Filing a lawsuit may not be your first step after a car accident. You might first report the accident to your insurance company, seek medical treatment, and attempt to negotiate a settlement with the at-fault party’s insurer. However, it’s crucial not to delay too long, as the statute of limitations continues to run while you engage in these activities. If negotiations fail or it becomes necessary to file a lawsuit, you must ensure you meet the two-year deadline.

Exceptions and Special Circumstances

There can be exceptions or special circumstances that may affect the application of the statute of limitations. For example, if the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations may be “tolled” or paused until they reach the age of majority, typically 18.

There are other exceptions, and your Virginia Beach car accident attorney can determine if any apply to your situation.

Legal Impact on Your Case

Failing to file a lawsuit within the statute of limitations period can severely impact your case. If you attempt to file a claim after the deadline, the defendant (the party you’re suing) can raise the statute of limitations as a defense, and the court will likely dismiss your case. This means you would lose your opportunity to seek compensation through a lawsuit.

Given the strict time limits associated with the statute of limitations, consulting with an experienced car accident attorney as soon as possible after a crash is highly advisable. An attorney can assess your case, provide guidance on how to navigate the legal process, and ensure that all necessary actions are taken within the applicable timeframes.

Contact Our Office Today

The statute of limitations in Virginia is a critical factor to consider when pursuing a car accident claim. Failing to adhere to the specified time limits can result in losing your legal rights to seek compensation for injuries, medical expenses, property damage, lost wages, and pain and suffering resulting from the accident.

Contact Shapiro, Washburn & Sharp to schedule a free case evaluation with one of our skilled Virginia Beach car accident attorneys to protect your rights and maximize your chances of a successful claim. Our attorneys can provide personalized legal guidance and ensure all necessary actions are taken within the applicable timeframes. Our firm has more than 35 years of successfully representing injured clients, obtaining more than $100 million in personal injury settlements and verdicts, like the $125,000 insurance settlement we obtained for one client who suffered a nondisplaced right wrist fracture and other soft tissue injuries when another driver disregarded the red light and slammed into her car.

For your convenience, our firm also has satellite offices in Hampton, Norfolk, and Portsmouth.

 

RELATED CONTENT

Comments for this article are closed.