Car accidents often leave behind a trail of stress, medical bills, vehicle repairs, and uncertainty. If you’ve recently been involved in a crash in Virginia Beach, you may be wondering how long you have to take legal action. Whether you’re dealing with serious injuries or significant property damage, understanding Virginia’s deadlines for filing a lawsuit is critical.
This guide covers the time limits, exceptions, and why contacting a Virginia Beach car accident lawyer as soon as possible can help protect your rights.
Virginia’s Statute of Limitations for Car Accidents
In Virginia, the time limit for filing a lawsuit after a car accident depends on the type of claim:
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Personal Injury Claims: You have two years from the date of the accident to file a lawsuit for injuries. This includes compensation for medical expenses, lost income, pain and suffering, and other damages directly related to your physical and emotional recovery.
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Property Damage Claims: If you’re only pursuing damages for your vehicle or other personal property, the statute of limitations is five years from the date of the crash. However, if you’re combining a property damage claim with a personal injury claim, it’s best to follow the two-year deadline to avoid any complications.
Missing these deadlines can prevent you from recovering any compensation, no matter how strong your case might be.
For answers to your questions, call:
800-321-6741
Legal Exceptions That Could Extend the Filing Deadline
Virginia law includes a few exceptions that may extend your time to file a claim. These are limited but important in certain situations:
1. Minors Involved in the Accident
If the injured party is under 18 at the time of the crash, the two-year statute of limitations begins on their 18th birthday. This gives the minor until age 20 to file a claim for personal injury.
2. Hit-and-Run Accidents
In cases involving a hit-and-run driver, victims may need additional time to identify the at-fault party. Courts may allow extra time to file a claim once the negligent driver is located.
3. Mental Incapacity
If the accident results in a mental or cognitive impairment that prevents the victim from understanding or participating in the legal process, the court may pause the clock until the person regains capacity. Proof from medical professionals is typically required.
Why Acting Quickly Matters
Even if you technically have time, waiting too long can make it harder to build a strong case. Over time, critical evidence may be lost, witnesses may become difficult to locate, and your memory of the events may fade.
Consulting a Virginia Beach personal injury lawyer shortly after the accident ensures:
- Timely filing of your claim
- Proper collection and preservation of evidence
- Negotiation with insurance companies on your behalf
- Maximum compensation for your injuries and losses
At the end of the day, the sooner you speak with an attorney, the better your chances of a successful outcome.
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Filing a Claim vs. Filing a Lawsuit
It’s important to note that filing an insurance claim is not the same as filing a lawsuit. Many people assume that starting an insurance claim preserves their legal rights, but this is not always the case. Insurance negotiations can drag on for months, and if you don’t file a formal lawsuit within the statute of limitations, you may lose the right to sue—even if your claim is still pending. This is why working with a knowledgeable Virginia Beach personal injury lawyer early on is so critical; they can manage both the insurance process and any potential litigation simultaneously, ensuring you meet every legal deadline.
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What Happens If You Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has passed, the court will most likely dismiss your case—regardless of how valid your claim is. This is a harsh reality of Virginia law. You’ll lose your chance to recover damages for medical bills, lost wages, pain and suffering, and car repairs. That’s why it’s essential not to delay and to consult with an attorney who can evaluate your situation and advise you on the appropriate steps. Even if you’re unsure whether you want to pursue legal action, a brief consultation can give you peace of mind and a clear path forward.
Don’t Wait—Protect Your Rights Today
Time is not on your side after a car accident in Virginia Beach. Whether you’re recovering from injuries or dealing with vehicle repairs, it’s important to understand your legal timeline and act quickly. Missing a deadline can mean missing out on the compensation you rightfully deserve.
Call or text 800-321-6741 or complete a Free Case Evaluation form