When you are in a car accident in Virginia, it is imperative to take several steps, including filing a claim for losses you have within a short period of time. In most situations, you have two years from the date of the accident to file a claim for any damages you have.
However, there are many exceptions and other factors you must consider first, and our Richmond, VA, car accident lawyer at MartinWren, P.C., can help you navigate through this situation.
The Statute of Limitations in Virginia
The first consideration is the state’s statute of limitations. This is the limitation on when you can file a claim for compensation after a car accident has occurred. Under Virginia’s laws, you generally have two years from the date of the accident to file a personal injury claim. There may be shorter notice periods that apply against certain government agencies and agents.
While two years may seem logically like a long period of time, it rarely is. Most often, there is a lot of work that must be done to reach this point. As a result, we strongly urge you to seek help from our trusted car accident attorneys sooner rather than later.
Also notable is that if you have property damage, such as damage to your car from the accident, you have five years from the date of the accident to file a claim. We strongly recommend not waiting that long, as it can become challenging to find evidence to back up your claims. Our car accident attorneys can help you at any time to move your case forward.
For a legal consultation with a personal injury lawyer, call 434-817-3100
There Are Exceptions to the Statute of Limitations Law
There are various specific indications that could extend or otherwise alter the period of time you have to file a claim for a car accident. This is why we always encourage our clients to reach out to us even if they believe they no longer have the right to seek compensation for their injuries. Some of the exceptions that may apply in your case include:
- If you were a minor at the time of the accident, your time limit does not start until you reach the age of 18, at which point you will have 2 years to file for personal injury losses in your case. However, this does not apply to medical malpractice actions.
- You were disabled in the accident. In some situations where you are legally incapacitated or disabled during the period of the statute of limitations, you may be able to seek compensation beyond that period, depending on if the disability or incapacitation led to the delay in taking action.
- Some claims, like defamation, have a one-year statute of limitations.
- Some claims against government agencies and actors require that you provide a notice, and that is well before the two-year period ends.
Because of these rules, we strongly recommend seeking out a car accident attorney in Virginia immediately. The sooner we can take action, the easier it is to find the necessary information and evidence to back up your claim. Expect us to aggressively work to represent you throughout this process, even when you suffer different types of car accident injuries.
Report Your Accident to All Parties
The statute of limitation may apply to taking action to receive losses. Yet, there are other factors to consider when it comes to reporting your accident. The details of the accident, including who is at fault, can play a role in this as well, so keep the following in mind:
- You can report the accident someone else caused to you to your own insurance company. Take the same steps to file such a claim, but be mindful of the insurance company to try to reduce the amount of compensation paid out.
- You should always call the police to file a police report in a car accident. If there is damage to your car, file a report. If someone was hurt at the scene of the accident, do not leave that area and instead contact the police immediately.
- You will need to provide data about what occurred. That includes the insurance company of the at-fault driver. The good news is that our attorneys may be able to help you avoid the worst outcomes here and even help you navigate this process.
In every situation, it is critical to file a claim for your losses right away to protect your right to compensation, even in other types of car accidents. We do not rush you through this process, though. Expect our legal team to be aggressive but thorough in helping you to document your losses.
We Do Not Advise Accepting the First Settlement Offer
While you do not have a lot of time to file a claim or seek a lawsuit, do not rush into this decision either. This is a common tactic used by insurance companies to try to get you to accept a lower level of compensation for your losses. We do not encourage you to take this action.
Instead, let our car accident attorneys review your case and gather all data that demonstrates your losses. We will then seek out full and fair compensation evidence, including data from your doctors and case studies that help document your right to compensation. This information can then help you pursue a fair settlement.
Our team is always willing to offer you insight into your legal options through a free consultation. This is an excellent time to learn more about your rights and to seek out the full and fair compensation legal strategy that will help you get the results you desire. To get started, we encourage you just to give us a call – it really can be that easy.
Contact Our Car Accident Attorney for Immediate Help
You may have two years from the date of the car accident to seek out a claim for any losses you have. Do not wait to do so, but instead, contact our car accident attorney in Virginia to start working on your case and your damage recovery right away at a free consultation.
Our car accident lawyers at MartinWren, P.C., brings experience and dedication to every car insurance case to fight for our clients.
Call 434-817-3100 or complete a Case Evaluation form
