Getting injured in a car accident can be a horrific experience. Though few things may truly make up for the physical and emotional losses you have endured, you could file a claim to hold the at-fault drivers accountable for their actions.
If you were hurt in a wreck, you should reach out to an auto wreck attorney soon, as there is a time limit on filing an injury claim. Our lawyers at The Warren Firm could discuss the statute of limitations for car accident cases in Charlottesville.
The statute of limitations is the amount of time that an injured person has to file a lawsuit. According to Virginia Code §8.01-243, an individual must file a personal injury claim within two years of the date of the accident. This code does not require that the case be settled or go to trial within those two years.
The statute of limitations for minors is still two years. However, that time does not start until the child’s 18th birthday. This means a child who was hurt in an accident at age six, could have up to 14 years to file a lawsuit.
In Virginia, people can be under a disability if they are incarcerated or have a medical condition. For a person with a disability, the statute of limitations does not begin or is tolled until the person is no longer under that condition.
The court may also allow an injured party to delay filing a claim if the doctor has not determined the outcome of this person’s disability. A diligent lawyer in the area could help you file your car accident claim within the applicable statute of limitations.
Anyone who has suffered injuries in a car accident in Charlottesville should act quickly because many attorneys will not take a new case if the statute of limitations is within six months of the person coming to them. It is also important to contact an attorney soon because waiting can make it harder to determine who to file suit against.
For example, if the driver of a vehicle was working at the time of the accident, the employer could be a potential second defendant. However, this information may not be apparent right away. It is important to talk with a lawyer far in advance of the statute of limitations, so he or she can make sure the appropriate parties are named in the lawsuit.
The statute of limitations is the most important deadline in a personal injury claim. If an injured party does not file a lawsuit within two years of the accident, the court will bar the case. It is crucial to get in touch with an attorney to make sure you understand the statute of limitations for car accident cases in Charlottesville. Call our firm today to schedule a consultation.