Car accidents are tragic events that seem to have become a regular part of life. If you have suffered injuries in a crash, you have several options to recover compensation. The award you receive can help ease the financial burden associated with the collision.
If you decide to file for compensation in Virginia, it is crucial to do so within two years from the date of the accident. Any delays can jeopardize your chances of recovery.
Virginia Is a Contributory Negligence State
It is essential to know that Virginia is one of the few contributory negligence states. If you are involved in a road accident for which you are partially at fault, you cannot recover any compensation. In other words, you must carry no responsibility for the accident at all to be eligible for compensation.
Contributory negligence varies considerably from the comparative negligence rule, which states that you can recover compensation if you are under 50% at fault.
If your case is being settled through an insurance company and involves a claims adjuster, it is challenging to recover a settlement. However, you may still be able to file a lawsuit against the other driver, depending on the circumstances.
If you were in a car accident, it is important to hold the at-fault party liable for your damages. Learn more about the Richmond car accident lawyers at Pendleton Law and their strategies for building winning personal injury cases.
What Is the Statute of Limitations in Virginia?
In Virginia, you must file your car accident claim to recover compensation within two years of the accident. The statute of limitations is the specified time frame to file a lawsuit. If you do not file within those two years, you may not recover; your case will be dismissed, and the court will simply not hear your claim.
The purpose of a statute of limitations is to ensure that lawsuits are filed promptly while the evidence is fresh. While the statute of limitations is two years, car accident and personal injury cases typically take longer than that to be settled.
Exceptions to the Statute of Limitations
There are certain exceptions to the statute of limitations. If the symptoms do not manifest for some time, they may be permitted to file two years from the date they became aware of the injury. This is known as the discovery rule. Or if a victim is in a coma, they may be allowed to file their claim later, when they wake up from it.
Car accidents that result in the wrongful death of a loved one carry a two-year statute of limitations. The personal representative of the decedent’s surviving spouse and other close family members must file the lawsuit on their behalf.
When Should You Report a Car Accident in Virginia?
You should always report a car accident in Virginia if a person has suffered injuries or a victim has lost their life. Call the police to the scene in that situation and if there is significant property damage or damage to at least one vehicle that requires extensive repairs.
All drivers involved in an accident are required to remain at the scene until the police arrive to take an accident report. If a driver leaves, they are breaking the law and could be charged with a hit and run. Being charged with a hit and run is a serious felony offense that carries significant penalties, including prison time and fines.
Final Thoughts
If you were injured in a car crash, it is essential to act as quickly as possible to ensure that you meet the statute of limitations. Hiring a lawyer will help alleviate the stress associated with the legal process and allow you to focus on your recovery.
Take the time you need to heal your mind and body. Also, do not hesitate to rely on the support of your loved ones during this period.
Author:
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.
