Virginia Car Accident Statute of Limitations

The statute of limitations refers to the time period that one may bring a claim for relief. Knowing and meeting the requirements of the Virginia car accident statute of limitations is one of the many things with which a Virginia car accident attorney can be of assistance.

Statute Specifics

There is a variety of different considerations to take when filing a claim in time after a car accident in Virginia. A statute of limitations may be subject to different time periods, exceptions, or tolling provisions, so if the statute of limitations is an issue for someone who does not know the specifics, they should definitely contact an experienced car accident attorney to discuss how the statute may impact their civil claim.

Generally, the statute of limitations for car accidents in the Commonwealth of Virginia is two years from the date of injury.

Applicable Limits

The Virginia car accident statute of limitations governs as a window in which someone may file a claim and it accrues, or begins, on the date of the injury. In a car accident claim, the statute of limitations typically begins on the day the accident happened and the day the person suffers an injury.

There are some instances in which this statute of limitations may be extended. For instance, sometimes it may begin after the initial injury took place, such as in the case of an injury that is not initially discovered. However, in the vast majority of car accident cases, the statute of limitation date is going to begin on the date of the accident.

It is important to talk to a Virginia car accident attorney about what these exceptions may be, but know that the general rule is two years.

Where to Learn More

The Virginia Code contains more information about the statute of limitations. When examining and educating oneself about the statute of limitations, it is best to go straight to the Code of Virginia.

There are many other secondary sources such as websites, attorney pages, advocacy pages and things like that may give correct information, but the best source for staying updated and understanding the statute is the Code of Virginia.

In order to get the most accurate personalized information, it is advisable to contact an experienced car accident attorney who handles cases of this nature on a regular basis.

How an Attorney Can Help

Statute of limitation issues are very serious. Failure to comply with the statute of limitations can be a complete bar to the case and no matter how strong the case may otherwise be, a court would be unable to render a favorable decision if the case is barred by the statute of limitations.

It may come under what is called a plea in bar, wherein the defense can make a motion stating that the claim cannot be resolved in the way that the plaintiff requests because it is in violation of the statute.

If that case has different statute of limitations, and especially for personal injury accidents, for example, the general statute of limitations in Maryland is three years for personal injury accidents, but in Virginia it is two years.

It is important to make sure you are contacting an experienced Virginia attorney who understands all the applicable laws, how they apply to the specific facts of the case, how issues of disability may toll the statute of limitations, how the statute of limitations will be calculated, as well as extensive knowledge regarding how to comply with the statute of limitations.

Different cases may have different ways that a person complies with the statute, but Virginia has its state rules that a Virginia attorney who practices it every day on a regular basis will certainly know.