Introduction
When you’ve been injured in a car accident in Virginia, time is of the essence. Understanding the statute of limitations—the legal deadline for filing a lawsuit—is crucial for protecting your rights. This blog post explores Virginia’s statute of limitations for car accident cases, including important exceptions that may apply to cases involving government entities and minors. Not every exception is included here. Speak with an attorney quickly if you have any questions about your specific circumstances.
The General Rule: Two Years to File
In Virginia, personal injury claims arising from car accidents are subject to a two-year statute of limitations. A cause of action for personal injury accrues at the time of injury. This means you have exactly two years from the date of your car accident to file a lawsuit in court.
Virginia courts strictly enforce these deadlines. Statutes of limitations are strictly enforced and must be applied unless the General Assembly has created an exception to their application.
Exception for Minors: When the Clock Stops Ticking
One of the most important exceptions to Virginia’s two-year rule involves cases where the injured party is a minor (under 18 years old). Virginia law recognizes that children cannot be expected to understand their legal rights or take action to protect them.
Under the Virginia Code, if a person entitled to bring any action is a minor at the time the cause of action accrues, the two-year statute of limitations doesn’t begin running until they reach the age of majority (18 years old). However, in the rare instances when a minor was emancipated by court order, the two year time period begins as of the time of the accident, as if the minor was an adult.
So, for example, if a 17 year old boy were involved in a car accident, a two year statute of limitations would begin to run on his 18th birthday, giving him until his 20th birthday in which to file a lawsuit.
Sovereign Immunity and Government Vehicle Accidents
When your car accident involves a government vehicle or employee, the legal landscape becomes more complex due to the doctrine of sovereign immunity. Traditionally, this doctrine protected government entities from lawsuits, but Virginia has created limited exceptions.
There are also specific notice requirements that accident victims who intend to file a lawsuit against a government department, agency or other entity have to provide in order to pursue that lawsuit. These notice requirements reduce the time period in which you can file a lawsuit and are very important. You should speak with an attorney quickly to make sure that you do not lose the right to have your claim heard in court.
The Importance of Acting Quickly
Given Virginia’s strict enforcement of limitation periods, it’s crucial to act promptly if you’ve been injured in a car accident. Statutes of limitations are strictly enforced and exceptions thereto are narrowly construed, and any doubt must be resolved in favor of the enforcement of the statute.
Even if you believe an exception might apply to your case, don’t wait to seek legal advice.
Conclusion
Virginia’s statute of limitations for car accident cases is generally straightforward: you have two years from the date of the accident to file a lawsuit. However, important exceptions exist for minors and cases involving government entities. Given the strict enforcement of these deadlines and the complexity that can arise in certain situations, it’s always wise to consult with an experienced Virginia personal injury attorney as soon as possible after your accident. Don’t let the statute of limitations expire and forfeit your right to seek compensation for your injuries.
If you have been in a car accident, contact Gore & Kuperman PLLC immediately to speak with a lawyer who can protect you and your rights. Experience matters. Gore & Kuperman PLLC can help.
Disclaimer: Nothing in this article should be taken as legal advice or an offer of representation. It is for informational purposes only. If you have any questions regarding yours rights in a specific circumstance, speak with an attorney yourself directly.