Virginia's Personal Injury Lawyers™ Serving All of Virginia & Northeast NC

I Was in a Car Accident and I’m Debating Getting an Attorney, How Long Do I Have to Decide?

At the time the injury occurs, the statute of limitations in Virginia for personal injury is two years. That means legal action must take place within two years from the date of the injury. The lawsuit must name the person you believe is responsible for the injuries you sustained and must make an allegation of what they did wrong. In a personal injury action, the cause of action typically includes an allegation of negligence. Negligence is simply the failure to use ordinary care. However, there are some exceptions to the statute of limitations. First, if a child is the injured party, the child has two years after their eighteenth birthday to file suit. This is essentially the child's twentieth birthday.

Second, if a person comes under a disability, the statute of limitations is tolled on their case until the disability is removed. The Virginia Code has a long definition of "persons under a disability". A few categories this includes are people that are incapacitated, have a mental disability or are incarcerated after a felony charge.

If you are still making a decision about whether to obtain legal representation, note that many law firms will not take a case if the client comes to them close to the statute of limitations because the attorney may feel they do not have time to adequately investigate the circumstances of the accident prior to putting together a settlement demand. This makes it incredibly important that you speak with a Virginia Injury Attorney soon after accident.

Many law firms, including Kalfus & Nachman, offer clients a free case evaluation, so if you are on the fence about obtaining legal representation for your case, do not hesitate to contact an experience personal injury attorney. When you meet with an attorney, he or she will sit down with you and take the time to learn the details of your case and address any concerns you have. He or she will also be forthright about the realistic possible outcome of your case. Whether you decide to retain an attorney or not, it is a good idea to at least meet with an attorney to discuss your options, because if you change your mind after two years, you will no longer have any option to obtain compensation for your injuries.

If you are in need of a personal injury lawyer to advocate on your behalf in the event of an injury caused by another’s actions, Kalfus & Nachman wants to help. Our trusted legal team will work tirelessly to ensure you are able to obtain the compensation you deserve, whether it be for your medical bills, loss of work or wages, or pain and suffering. Don’t hesitate to schedule an initial consultation with a member of our firm by calling us at (855) 880-8163.

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