Why the Clock Starts Immediately After a Car Accident in Virginia

After a serious crash in Hampton Roads, most people are focused on recovery — not legal deadlines. But Virginia law imposes strict time limits on personal injury and wrongful death claims, and missing an applicable deadline can affect a person’s ability to pursue compensation.

The Two-Year Rule

Virginia law generally gives injured crash victims two years to file a personal injury lawsuit under Virginia Code § 8.01-243. Wrongful death claims are governed separately by Virginia Code § 8.01-244, which generally requires the action to be filed within two years after the injured person’s death.

Two years may seem like plenty of time, but serious injury cases can take time to investigate, document, and prepare. Medical treatment may still be ongoing while the extent of a person’s injuries and losses is being evaluated. Evidence also needs to be gathered and preserved. Waiting until a deadline is approaching can make it more difficult to investigate the circumstances of a crash and preserve potentially important information.

Special Situations That Change the Deadline

For many personal injury claims involving minors, Virginia law may toll the statute of limitations while the child is underage. Even when additional time may be available, families should not assume that every deadline is automatically extended, particularly when government entities or other special rules are involved.

Claims involving government entities can follow different rules and may require notice much sooner than a standard personal injury claim. For example, claims against a Virginia city, county, or town may require written notice within six months, while certain claims against the Commonwealth generally require notice within one year. Because these requirements vary depending on the government entity involved, acting early can be important.

Why Acting Early Protects Your Claim

Virginia’s contributory negligence rule can significantly affect car accident claims. The specific facts surrounding how a collision occurred may play an important role in determining an injured person’s legal options under Virginia law. Evidence can also become more difficult to obtain over time. Surveillance footage may be overwritten, witnesses may become harder to locate, and physical evidence from a crash scene can change or disappear. Consulting with an auto accident attorney early can help an injured person understand applicable deadlines and the importance of preserving available evidence.

If you or a loved one was injured in a crash anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has represented injured individuals and families throughout Hampton Roads. Contact us today.

Map of the Hampton Roads region in Virginia, where Breit Law represents individuals and families affected by serious crashes.