Virginia residents who are involved in auto accidents may wonder which of the state laws affect their case. While the state’s auto accident laws are complex, accident lawyers in Norfolk, VA can provide case-specific guidance. Below is a brief overview of some of Virginia’s most important injury laws.
The Time Limit for Filing a Lawsuit
All jurisdictions have a statute of limitations, which limits the time a victim has to file a lawsuit. In Virginia, the personal injury statute of limitations is two years, and the clock starts ticking on the accident date. It is important for victims to file a lawsuit in the civil court system before time runs out, because filing even one day late can eliminate the victim’s chances of recovery.
Accident Claims Against Government Entities
If the accident happened due to a government entity’s negligence, victims must follow special rules. Before the suit can be filed, the victim must notify the government of the claim. An attorney can do this by providing formal notice to the local or state government, outlining the details of the accident. For claims against towns or cities, notice must be provided within six months, and notices against transportation districts or the state government must be sent within a year. After the entity has had a chance to accept and respond to the claim through settlement or refusal, the victim is allowed to file in civil court.
Limits on Damages in Personal Injury Cases
In the state of Virginia, there is no limit on personal injury recovery. However, there are notable exceptions for medical malpractice cases and punitive damages. Accident Lawyers in Norfolk, VA know that punitive damages aren’t a factor in most accident cases because they require proof of a defendant’s malicious or reckless conduct.
Rules on Shared Fault
As a victim pursues his/her claim in the state’s court system, they should consider that Virginia still uses the doctrine of contributory negligence. This means that a person who is even one percent at fault for an accident cannot recover from other parties deemed responsible. Visit the website to speak to an attorney about how this law plays a role in a particular case.
