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.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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