Your legal rights in a car accident claim have a definite shelf life. Once that time passes, your legal rights are extinguished. This legal concept is called the statute of limitations. Every state has a law that imposes a timeframe on your legal rights. You must be extremely careful to complete this deadline because it could end your case.
The Statute of Limitations Is About Fairness
While you have legal rights that arise because of someone else’s negligence, the potential defendant also has rights. They have procedural protections in the process. The law would view it as unfair if they were hauled into court years into the future and forced to defend a claim.
The Statute of Limitations in Virginia Personal Injury Cases
You have two years from your injury in Virginia to file a lawsuit. It does not matter how long after the expiration date you filed. The court would likely dismiss your case without getting to the merits of your case. Courts are very strict about statutes of limitations.
The statute of limitations begins to run at the time that you were injured or you knew that you should have been injured. This distinction is essential in a car accident case. One of the most common car accident injuries is whiplash. The force of the accident causes your head and neck to snap forward. The result may be a debilitating back injury or even a concussion. You may not know that you were injured right after the accident. Your symptoms may not manifest for weeks or months after the injury. Ordinarily, the statute of limitations would begin to run when you found out you were hurt. However, you would have needed to make reasonable efforts to discover your injuries.
You Should Take Legal Action as Soon as Possible
You should file a lawsuit as soon as possible. Car accident claimants usually run close to the statute of limitations if they have tried negotiating a settlement agreement with the insurance company and failed to do so. Then, the lawyer must take the case to court.
Our Virginia Beach Car Accident Lawyers at Anchor Legal Group, PLLC Help Injured Clients
If you were injured in a car accident, contact our Virginia Beach car accident lawyers at Anchor Legal Group, PLLC for legal help. Call 757-LAW-0000 or complete our online form to schedule a free consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, and Eastern Shore, Virginia.