Virginia Car Accident Statute of Limitations Exceptions 

Virginia car accident statute of limitations exceptions are unusual, however, settling the case can affect this. If a case is settled out of court without filing suit, it must be done within that two-year period. Contacting an experienced car accident lawyer may be vital to the outcome of your case.

Generally, a common practice is that attorneys may file suit even if settlement looks close within the two-year period comes so that their clients are covered in a case where legitimate discussions are solved and there is not an issue as to whether or not their client can make a recovery.

Role of Age in Statute of Limitations

One Virginia car accident statute of limitations exception is if the person is a minor. Under Virginia law, a minor is considered to be under a disability. That disability is their age, they have not yet reached the age of majority.

For minors who are injured in car accident cases, there may be a different statute of limitations that impacts their case.

They want to talk to an experienced car accident attorney to understand how exactly the statute of limitations would affect a person’s case if they are injured as a person under the age of 18 years.

Recognition of Disabilities

If a person is under a disability that is either as a result of the injuries they suffered or prior to suffering injuries, there may also be a tolling on the statute of limitations. The specific circumstances of how this may extend or toll Virginia car accident statute of limitations varies from case to case and in general, are fact-specific inquiry.

They want to talk to an experienced car accident attorney if they believe that they or a loved one may be under a disability as a result of the case or, but prior to or certainly thereafter the case.

There are a variety of recognized disabilities in Virginia including mental capacity. The injury may affect mental stability, to think clearly and make decisions for themselves, being an inmate either in the Department of Corrections is also somebody under disability. There are a variety of circumstances in which someone’s disability may affect the statute of limitations.

Going Beyond the Statute of Limitations

Because the statute of limitations is two years that means that the case needs to begin within two years. It means that the civil action must originate or be properly started within that two-year period. Generally, limitations set that suit and must be filed in the court in the relative jurisdiction within the two-year period.

If someone is injured on January 1, 2014, they must file suit by January 1, 2016 in order to preserve the statute of limitations. If they were able to file on January 10, 2016, they may be essentially barred from seeking relief.

Going Beyond the Statute of Limitations During a Trial

Statute of limitations does not refer to the trial date it is set for, but rather the date that the case must be initiated. The case can be initiated by the filing of the complaint in the Circuit Court or the filing of a complaint in the General District Court.

The case can also be resolved by settling the case, which is an out of court procedure. Even though the case may be subject to the two-year statute of limitations and the trial does not take place for three, four or even five years after the date of injury, it will be preserved as long as the case is filed in the proper timeframe. The trial date does not necessarily matter.

Impact of the Statute of Limitations

The Virginia statute of limitations or exceptions of two years does not impact a person’s ability to seek damages. Certainly, if some of preceding treatments are on an extended period of time after the date of the accident and that treatment is causally related to the accident, a person can recover damages for it, even if those treatments and medical bills and other calculated damages occur after two years.

Potential for Case to Be Thrown Out

It is an affirmative defense that the case is subject to the statute of limitations and therefore, a judgment cannot be granted. If there is a statute of limitations defense available to the defendant, it is an all or nothing defense. That is, if the case is in violation of the statute of limitations, the injured party is legally barred from making a recovery. If they are not in violation of the statute and the statute of limitations is complied with, then the case moves forward.

Hiring an Experienced Virginia Car Accident Counsel

If the person feels like their case may have statute of limitation issues, they would want to talk to an experienced attorney right away. The best way to handle statute of limitations issues is not to let them come up in the first place. This means contacting an experienced attorney as soon as possible after the person’s injury due to the fault of another.

An experienced attorney can work in a timely manner to avoid potential statute of limitations issues, get the person’s case adjudicated properly, and inform the person of Virginia car accident statute of limitations exceptions.