Understanding Personal Injury Statutes in Virginia
In Virginia, there is a two year statute of limitations for filing a personal injury claim after a car accident, slip and fall, or other incident where someone else may be liable for injuries or damages suffered. This means potential clients only have 24 months from the date of their injury to take legal action or they may lose their right to recover compensation. As a criminal defense law firm focused on protecting our clients' rights, we want to outline what this two year window means, why prompt legal action is essential, and how a car accident attorney (personal injury attorney) can help guide someone through the process.
Our team of personal injury attorneys are resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000.
Why Virginia Has a 2 Year Deadline
Virginia lawmakers set a two year deadline to encourage the timely resolution of legal disputes. Rather than allowing cases to drag on indefinitely, this compels those injured to proactively file a claim soon after their incident. It also reduces the chance evidence will grow stale and witnesses' memories will fade. Additionally, it helps prevent frivolous lawsuits over long-ago incidents.
While a two deadline may seem short compared to some states, it provides sufficient time for someone to seek medical treatment, collect evidence, and build their case if they act promptly. This statute of limitations applies to a wide variety of injury claims in Virginia:
Automobile collisions
Premises liability incidents like slip/trip and falls
Defective product injuries
Medical malpractice
And more
Certain types of cases allow longer including medical malpractice claims against health providers (2 years from when negligence is discovered) and injuries to minors (2 years from their 18th birthday). But for most incidents, two years is the window in which legal action must commence.
What "Commencing Legal Action" Entails
To comply with the statute of limitations, an injury claim isn't necessarily resolved within two years. Rather, one must "commence" their case by taking formal legal action. This includes:
Officially filing the lawsuit paperwork with the court
Serving notice to defendants informing them of the claim
So while a car accident attorney starts developing the case from the outset, the court complaint can be filed at any point within the two year deadline. This buys time for building evidence, negotiating settlement offers, and proceeding strategically.
That said, earlier is often better when commencing a personal injury lawsuit. Witnesses may become less cooperative as time passes or even relocate. Immediate evidence like skid marks or debris gets cleared. And insurance providers tend to take initial claims more seriously. By moving promptly with an attorney's assistance, an injured claimant enhances their leverage and recovery odds.
Why You Could Lose Your Claim Rights
If someone does not officially commence their injury claim within two years of the incident, they are usually barred from taking legal action later on. One may encounter big problems if they contact an car accident lawyer outside the limitations period including:
Dismissal - Courts will dismiss a lawsuit that clearly breaches the statute of limitations. This instantly ends the chance of recovering damages.
Settlement Obstacles - Insurers have far less motivation to settle if the 2 year deadline has expired. This significantly lowers potential payouts.
Looming Lawsuit Issues - Waiting too long also allows defendants to strengthen their side. Their legal team can undermine allegations and diminish responsibility for injuries/losses.
While there are select exceptions like acknowledging liability in writing or concealing harm, these are hard to prove. Relying on exceptions is extremely risky. Instead, proper legal advice guides claimants to file on time so their rights are preserved.
Why A Car Accident Attorney Should Be Involved
With a short two deadline getting closer each day, swift action is imperative after an accident or injury incident. An experienced car accident lawyer knows how to methodically develop, file, and argue an injury claim to recover maximum compensation. Key reasons proper legal representation matters include:
Building Necessary Evidence
Collecting convincing evidence to prove liability and damages is vital, yet complex. A personal injury lawyer in Virginia assists with gathering police reports, medical records, video footage, eyewitness statements, expert testimony, and whatever else supports the case. They deploy investigators as needed to find and secure evidence before trails go cold.
Valuing Damage Claims Appropriately
Medical bills
Lost/reduced income
Loss of future earnings
Cost of future treatments/assistive care
Property losses
And more
Higher financial stakes usually translate to larger settlement offers and court awards. So a skilled attorney leaves no stone unturned when evaluating overall damages.
Negotiating With Insurers
Insurance providers have entire claims departments fighting to minimize payouts. Without seasoned legal representation at the bargaining table, an average claimant is extremely disadvantaged. A car accident attorney levels the playing field using negotiation tactics and leveraging case strengths to secure a satisfactory settlement. If talks break down, litigation with court oversight typically follows.
Litigating Effectively If Necessary
If an acceptable agreement remains out of reach as time ticks down, commencing a personal injury lawsuit is necessary before the deadline expires. An attorney handles this process including drafting pleadings, conducting discovery, navigating civil court procedures, retaining expert witnesses, developing sound legal arguments, and ultimately trying the case if that’s what it takes. With so much at stake in state courts, injured plaintiffs greatly benefit from an attorney protecting their interests and fighting for maximum recovery every step along the way.
Connect With a Qualified Personal Injury Lawyer
Don't gamble with your potential injury claim or wait until it’s too late to consult an attorney after an accident or other incident. The sooner contact is made, the quicker evidence can be secured, settlement talks initiated, and legal action commenced if necessary within Virginia’s firm two year time limit.
Our experienced personal injury team offers free consultations to discuss your situation in depth. We help folks in Virginia and surrounding areas maximize their recovery in all types of injury claims. Contact our office today to learn more!
Frequently Asked Questions
1. How do I calculate exactly when the 2 year deadline expires?
Virginia statute states you must file your injury claim within 2 years of when your car accident in Virginia occurs. This is usually tied to the actual date when harm/damages from an incident were suffered rather than when negligence may have actually occurred. Calculating the precise date 2 years later is essential to avoid late filing issues. Our attorneys can advise you on determining this specific date after reviewing what happened.
2. What if I don't know the full extent of my damages right away?
Often folks don't realize some injury effects like lost wages or long-running medical costs until a while after their accident. However Virginia law says ignorance of certain damages does not delay or pause the 2 year clock. This is why prompt attorney involvement helps fully evaluate emerging damages in time. We immediately deploy resources to help accurately value current and future losses so filing occurs on schedule.
3. What if criminal charges are also involved from my incident?
Personal injury claims are separate civil legal matters from any criminal arrests, investigations, charges or cases stemming from a car accident or incident causing harm. So neither proceeding impacts deadlines or progress of the other. Often our firm assists injury victims while their criminal defense lawyer handles drunken driving charges or other infractions separately. Both civil and criminal cases demand skilled legal guidance to protect someone’s rights on all fronts.
4. I signed paperwork from another car accident attorney but haven’t filed yet - am I protected?
Merely signing a car accident attorney contract or contingency fee agreement alone does NOT satisfy the 2 year statute of limitations. Until your complaint is formally filed with the appropriate circuit court and timestamped, your claim is NOT protected if the deadline expires. At our firm, we prepare filings immediately so they are ready for prompt submission. We advise injured clients not to delay filing or assume signing paperwork with one personal injury lawyer makes you legally covered. Confirm the ACTUAL date of commencement if a prior car accident attorney tells you differently.
Key Next Steps to Preserve Your Car Accident Claim
Maintaining sound legal positioning requires strategic action early on after any injuries or losses. As discussed, Virginia allows two years total to officially commence personal injury claims before rights to recovery can be lost entirely. Key steps our attorneys guide injured victims through include:
Documenting the Incident
Report relevant details to authorities, capture photos/video, take witness names, etc. Anything substantiating what happened should be collected early on even if legal action is not necessarily imminent. Documentation helps prove liability later on if needed.
Seeking Any Necessary Medical Care
Injuries cannot be legally claimed or quantified without proper diagnosis and treatment from doctors, physical therapists or other providers. So promptly consulting specialists to address health effects is critical on multiple levels.
Choosing a Personal Injury Attorney
Call Altizer Law now at 540.345.2000 or fill out our online form to schedule your free consultation. The path to recovery and justice starts with one call – make it today!
Comments