Manassas residents hurt in a serious car crash need to keep in mind that statutes of limitation will apply to their potential personal injury suits stemming from the event. A statute of limitation is a law that establishes a specific window of time within which you have to file your claim or forever be barred from doing so. At the Law Offices of Locklin & Coleman, we take statutes of limitation seriously and it’s one of the first things we evaluate when a new client approaches us with a potential lawsuit.
In Virginia, two primary laws could limit the time period within which a plaintiff may file a civil lawsuit related to car accident injuries and damages. These laws include:
— Code of Virginia Section 8.01-243: This law applies to injuries in a car accident. The injured party can essentially be anyone — a driver, passenger, bicyclist, pedestrian, skateboarder or motorcyclist. According to this statute, plaintiffs have a window of two years from the date of the accident and injuries in which to file their claims. This same statute applies to property damage resulting from a Virginia car accident. However, the time period for a property damage suit is five years.
— Code of Virginia Section 8.01-244: This law applies to wrongful death claims stemming from a Virginia car accident. In these cases, the deadline offers a two-year window within which to file. The victim’s death marks the date when this two-year period begins to run. As such, a statute of limitation deadline relating to a fatal car accident might fall on a date that’s later than the accident date.
The first question that car accident plaintiffs should always ask their Virginia personal injury attorney is: What is the statute of limitation deadline for my potential case? Due to the danger of being barred from pursuing their claims, it behooves plaintiffs to have an in-depth understanding of the time limitations that apply to their claims.