What Is the Statute of Limitations in a Virginia Truck Accident Claim?

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What Is the Statute of Limitations for a Trucking Accident Case in Virginia?

In Virginia, the statute of limitations for filing a trucking accident lawsuit is two years from the date of the accident. This means that a victim must initiate legal proceedings within two years of the incident to seek compensation for injuries, property damage, or other losses resulting from the accident.

If the lawsuit is not filed within this time frame, the court may dismiss the case, and the victim will lose their right to seek damages. It is essential to act promptly, as even a short delay could jeopardize the ability to recover compensation.

Are There Any Exceptions to the Two-Year Statute of Limitations for Trucking Accidents in Virginia?

While the general statute of limitations for trucking accident cases in Virginia is two years, there are a few exceptions that could extend or shorten this time frame. For instance, if the injured party is a minor or is deemed mentally incompetent, the statute of limitations may be tolled or paused until the individual reaches the age of majority or regains competency.

If the trucking company involved in the accident is a government entity or a third party, the rules for filing claims could vary, and different deadlines may apply. In some cases, the statute of limitations may be shortened to as little as six months, depending on the circumstances. Victims should consult with an attorney as soon as possible to determine if any exceptions apply to their case.

What Happens If a Lawsuit Is Filed After the Statute of Limitations Has Expired?

If a trucking accident lawsuit is filed after the statute of limitations has expired, the defendant can raise the issue as a defense in court. The court will likely dismiss the case, and the victim will be barred from recovering any damages related to the accident.

This is why accident victims must act quickly and file their lawsuits within the prescribed two-year period. Even if there are complexities in determining fault or gathering evidence, legal counsel can help navigate the process and ensure that the case is filed on time to avoid losing the opportunity for compensation.

How Can Trucking Accident Victims Ensure They Meet the Statute of Limitations in Virginia?

To ensure that a trucking accident victim meets the statute of limitations, it is essential to consult with an experienced personal injury lawyer as soon as possible after the accident occurs. An attorney can help the victim understand the specific time limits that apply to their case, especially if there are factors that could extend or shorten the statute of limitations.

In addition to managing the legal timeline, a lawyer will also assist with gathering evidence, communicating with insurance companies, and filing the necessary paperwork in a timely manner. Early legal intervention can help prevent missed deadlines and ensure the victim’s rights are protected throughout the legal process.

How Can Your Personal Injury Law Firm Help?

If you or a loved one were injured in a truck accident, do not try to deal with the trucking company and its insurance company on your own. Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation and find out how we can help get you the compensation you are entitled to. We handle cases on a contingency-fee basis, so you won’t pay any legal fees unless we win your case.