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Statute of Limitations for Virginia Vehicle Accidents
Statute of Limitations for Virginia Vehicle Accidents
Motor vehicle crashes are one of the leading causes of death and injuries in the US, and data on accidents reveals the threat to Virginia drivers. According to the Virginia Department of Motor Vehicles (VA DMV), there are around 122,300 total traffic collisions across the state every year. These incidents cause an average of 860 fatalities and almost 61,800 injuries to victims, as well as many other devastating consequences. Entire families are affected by physical, financial, and emotional losses.
Virginia law allows victims to seek compensation if they can prove that the auto crash was a direct result of the at-fault motorist’s failure to drive safely. However, there is another requirement to keep in mind if you were injured. There is a statute of limitations that imposes a deadline on taking legal action, so timing is critical. It is important to consult with a Virginia vehicle accidents lawyer right away, and a summary demonstrates why.
Overview of Virginia’s Statute of Limitations
Every US state has a time restriction on lawsuits, serving to improve efficiency in the legal process by forcing a party to take action. In any Virginia personal injury case, you have two years to file a lawsuit in court. The statute of limitations applies to vehicle crashes, and the close starts to run on the date of the accident.
If you do not file a lawsuit in court before the two-year deadline, you are barred from pursuing your case and cannot recover monetary damages for your losses.
Exceptions Gain Extra Time
There are some situations in which the statute of limitations is “tolled,” which basically means the clock does not run. One exception that occurs frequently is when a child under 18 years old is injured in a Virginia vehicle collision. Because the victim is a minor, he or she does not have the legal power to file a lawsuit. The statute of limitations does not begin until the person reaches adulthood, so the victim would have two years after that date. It is not necessary to wait, however, as parents can file an action on behalf of their child.
Legal Help With Vehicle Accident Claims
Two years might seem like a long time, but there are many tasks and requirements through the legal process. It is essential to get started right away, and you can trust an auto collision lawyer to:
- Conduct an investigation and gather evidence;
- Prepare all forms and supporting documentation for an insurance claim;
- Negotiate with the insurer in an attempt to reach an agreement on your claim;
- Represent you during mediation; and,
- Advocate on your behalf in court during litigation.
Discuss Timing With a Virginia Vehicle Accidents Attorney
As you can see, it is crucial to take action right away if you were hurt or lost a loved one in a traffic crash. To learn more about the statute of limitations and other requirements, please contact Hampton Injury Law PLC. We can set up a case evaluation to explain more about the legal process and what to expect with a vehicle accident claim.
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*Virginia Lawyers Weekly January 30, 2023 edition
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