How Long Do I Have to File a Claim After an Auto Accident?
In Virginia, you have two years to file a claim or lawsuit for injuries suffered in a car accident due to someone else’s negligence. This statute of limitations—the legal term for a time limit on filing a lawsuit against another party for damages incurred—applies to anyone involved in a car accident who suffered injuries, including drivers, passengers, pedestrians, and cyclists.
Two years is the statute of limitations for all personal injury lawsuits in Virginia, whether they involve an auto accident or not, with rare exceptions such as in the cases of medical malpractice and for minors. If your car accident claim involves property damage only, the statute of limitations is five years.
Car Accident Injuries
The rules for car accident injury lawsuits fall under Virginia’s personal injury laws. That is, you pursue damages for injuries suffered in a car accident the same way you would pursue damages for injuries suffered in a tumble down the stairs at a hotel, for example.
You have two years from the date of your injury to file a claim after a car accident. Since car accident injuries almost always occur at the moment of the accident, you can usually assume the clock starts running the date the crash occurred. If you let the statute of limitations expire, you can lose your right to recover compensation, even if you have a compelling case against the other driver.
If your loved one died from injuries suffered in a car accident, you may be eligible to file a wrongful death lawsuit and recover damages on her behalf. Virginia imposes a two-year statute of limitations on wrongful death claims as well, beginning the date of death.
If you incurred property damages in a Virginia car accident, the statute of limitations for taking legal action is longer—five years. However, if you suffered injuries along with your property damage, you must still file a personal injury lawsuit within two years, even if you wait longer to take action on the property damage.
A car accident lawyer in Virginia can file a quick lawsuit if necessary to forestall any looming statute of limitation challenges. To speak with a lawyer from the Parrish Law Firm, PLLC about your case, call 571-229-1800 today.
For a Free Case Evaluation with a Car Accident Lawyer in VA, Call Parrish Law Firm, PLLC at 571-229-1800
If you suffered injuries in a car accident in Virginia, a lawyer can help you file a claim and recover compensation. Parrish Law Firm, PLLC is a Virginia car accident firm led by attorney Jim Parrish. Before starting his firm, Jim worked for years as an insurance company lawyer. He now uses information gained inside the industry to help his clients negotiate fair compensation from insurers.
Our team is eager to begin working on your car accident claim today. Don’t delay. Call us at 571-229-1800 for a free case evaluation.