
If you’ve been involved in a truck accident, it’s essential to understand that there is a specific time frame during which you can file a claim. This time frame, known as the statute of limitations, is a crucial aspect to consider when pursuing legal action following a truck accident. In this blog post, we will explore the importance of the statute of limitations in truck accident cases, how it can affect your ability to seek compensation for your injuries and damages, and what the statute of limitations is for Virginia truck accident cases.
What is a Statute of Limitations?
When a truck accident occurs, the victim often faces a multitude of challenges, including physical injuries, emotional distress, and financial burdens. The road to recovery can be long and arduous, but seeking legal help can ease some of these burdens and provide the victims with the support they need to recover fully. However, it’s important to note that the statute of limitations varies by state and the specific circumstances of the accident. Put a little differently, every state has its own statute of limitations for truck accident cases.
A statute of limitations is a specific time period following a truck crash. The claim must either be resolved or a lawsuit must be filed during that time period. One of the main goals of the law is to provide finality for legal matters.
How can the Statute of Limitations for Truck Cases Affect My Ability to Seek Compensation?
One of two things must happen during the statute of limitations following a truck accident claim. The first thing that can occur is for the truck accident claim to be settled within the statute of limitations following a truck crash. If you do not have a settled claim within the statute of limitations, you must have filed a lawsuit during that time against the proper party or parties.
Failing to either settle the claim during the limitations period (or else file a lawsuit before that time expires), can be devastating. It will most likely forever prevent you from pursuing a legal claim for your dispute. Put a little differently, a victim has a limited amount of time to file a claim and seek compensation for their injuries and damages. If the victim fails to file a claim within this time frame, they may lose their right to seek compensation altogether. This is why it’s essential to act quickly and consult with a lawyer as soon as possible following a truck accident.
For a legal consultation with a personal injury lawyer, call 434-817-3100
How Long Is the Statute of Limitations for Truck Cases in Virginia?
Generally speaking, the statute of limitations for truck accident cases in Virginia is two years from the date of the accident. This time period is set by statute, Virginia Code sec. 8.01-243.
We say that this rule is “general” speaking because there are different exceptions or causes of action that exist. For example, for certain cases the two-year statute of limitations is “tolled” or “suspended.” One of the best examples of tolling occurs for minors who are hurt in a truck accident case. For them, they have until their 20th birthday to either settle the case or file a lawsuit, as set forth in Va. Code § 8.01-229. But even this exception has exceptions, such as if the minor was emancipated, in which case they do not have until their 20th birthday to act.
Even though the statute of limitations for most Virginia truck accident cases is two years, it is really important for individuals to consult with an attorney as soon as possible after a crash. There are a few reasons for this.
First, truck accident cases are far more complex, complicated, and sophisticated than routine car accident cases. Tractor trailer and commercial vehicle crash cases involve complex and unique laws. Those specialized laws make it challenging for the victim to navigate the legal process on their own. An experienced truck accident lawyer can offer guidance and expertise. A board certified truck accident lawyer has the proven knowledge and experience to guide the victim through the legal process. This ensures that all necessary paperwork is filed correctly and on time. An experienced truck crash lawyer can also help the victim understand their rights and options, and provide them with the support they need to make informed decisions about their case.
Second, it’s also important to understand that truck accidents often involve multiple parties, including the truck driver, the trucking company, brokers, telematics companies, and possibly other companies, trucks, or drivers. This can make the legal process even more complicated, as each party may have their own insurance company and legal representation. A truck accident lawyer can help the victim navigate these complexities and ensure that they receive the compensation they deserve.
Third, the damages in truck crash cases are oftentimes life-altering. Victims from such crashes can have debilitating orthopedic injuries or traumatic brain injuries. These crashes can often be fatal, resulting in the death of an innocent driver. When that occurs, it is critical to get all available insurance company and other assets to cover those staggering losses. Insurance companies and motor carriers simply will not be willing to pay the true value of these claims to those they have hurt.
In Virginia, finding the right truck accident lawyer is crucial to the success of your case. The right Richmond, VA truck accident lawyer will have the expertise and experience to handle the unique challenges that truck accident cases can present. They will also have the knowledge of the vast laws and regulations that may affect your case, ensuring that you have the best possible chance of receiving the compensation you deserve.
We want to emphasize the importance of taking action as soon as possible following a truck accident. The statute of limitations is a critical factor to consider when pursuing legal action, and it’s important to consult with a lawyer as soon as possible to ensure that your rights are protected. At MartinWren, P.C., we are here to help. Robert Byrne, our lead trial attorney, is the first and only attorney in Virginia who is Board Certified in Truck Accident Law. That means he has demonstrated that he has the knowledge, experience, and respect from other attorneys and judges to handle these claims.
Our team of experienced truck accident lawyers is dedicated to providing you with the support and guidance you need to navigate the legal process and secure the compensation you deserve. Let us be your advocate and guide as we work together to bring you justice and peace of mind.
Call 434-817-3100 or complete a Case Evaluation form