When Should I Contact An Attorney If I Have Had An Accident In Virginia?
Key Highlights:
- When should I contact an attorney if I have had an accident in Virginia? Immediately after the accident. Do not make any statements to an insurance adjuster until you have spoken to an attorney.
- In Virginia, you have a time limit of 2 years to file a lawsuit.
- If you are just 1% at fault, it could completely bar your ability to recover.
- Evidence, video, and witness testimony can start to fade as soon as a few months after the accident.
- Your consultation with an attorney will be at no cost to you at all.
If you are seeking information about “When Should I Contact an Attorney If I Have Had an Accident in Virginia?” know that timing plays a significant role in your case. The general guideline is to get in touch with your attorney as soon as possible after getting into an accident, preferably before speaking with the insurance company and/or signing anything.
In Virginia, you have two years from the date of the accident to bring a lawsuit; however, most of the important evidence can be gone within days of the accident. Delaying your case costs you money because evidence disappears, whereas filing promptly within the two-year window protects your financial recovery. It is best to reach a trusted and experienced law firm such as Tatum & Atkinson for legal help.
Don’t let a strict deadline cost you your compensation, so protect your rights today by contacting Tatum & Atkinson Law Firm at (800) 529-0804 for a free injury consultation Virginia.
When Should I Contact an Attorney If I Have Had an Accident in Virginia?
It is advisable to reach out to an experienced Virginia accident lawyer right after the accident and before giving any statements to the adjuster. There are several reasons why prompt contact is necessary.
The 1% Rule
Virginia observes an absolute contributory negligence rule, where anyone with even 1% fault cannot claim damages from the other party involved in the accident. Insurance adjusters are aware of this fact and will tend to work very early on after an accident to find anything they can latch onto in order to diminish your credibility; therefore, it is smart to consult with an attorney as soon as possible after an accident.
A Two-Year Deadline That Arrives Fast
Often, injury claims in Virginia must be submitted within two years after an accident under Va. Code § 8.01-243. An important distinction is that the statute of limitations of wrongful death claims applies from the time the death occurs, Va. Code § 8.01-244.
In addition, claims against local, state, or federal agencies have different filing timeframes. Most people believe two years is plenty of time, but this is not true, and prompt action from you is needed so that lawyers can preserve the evidence to support your case.
What Early Legal Help Actually Protects
Engaging a lawyer soon after an accident inadvertently puts in place a shield to preserve critical evidence, eyewitness accounts, and medical information needed to prepare a solid case.
Physical and Digital Evidence
Car wrecks are repaired or sold off. The scene of the accident is cleared; cameras, both security cameras nearby and dashcams, are usually erased after a few weeks. By promptly sending a letter that preserves the evidence, you will have it before it disappears.
Witness Accounts
Witnesses forget details about incidents quickly and change their phone numbers often. Over time, they become less interested in cooperating with investigators to recall what they have seen.
The Medical Record
You will want to obtain your medical records and treatment history as soon as possible after your accident. There have been many documented examples of an adjuster using gaps or missed medical appointments in an individual’s documentation to argue that the individual was not actually hurt in an accident.
Your Own Words
An attorney can help you ensure that you don’t say anything that will result in you being deemed at fault for 1% or more before speaking with an adjuster.
The Insurance Company Starts Building Its Case Immediately
Even before you feel any better, the other insurer’s adjuster is actively collecting information against you to limit your recovery. A request for a recorded statement may come very quickly, along with a social media review and a low-ball, quick offer to potentially settle the file before the value of the claim develops.
All of this is geared to finding some basis of contributory negligence so as to limit your recovery. If the attorney gets involved early in the process, then the insurer will have limited evidence to use against you.
When To Hire a Lawyer After An Accident
Here are situations when legal help becomes necessary.
Serious or Lasting Injuries
In the event of hospitalization, surgery, broken bones, or head injuries, contacting a lawyer prior to receiving a first offer is crucial. The greater the injury, the more the insurance company stands to gain by settling the claim cheaply and promptly.
Disputed or Shared Fault
Where there is a dispute about who is at fault in a particular situation (e.g., you and the other party allege different versions of events), the 1% rule that applies in Virginia can put your case in jeopardy. In these cases, it is especially important to have early counsel to establish a legal foundation for your Virginia car accident claim.
A Truck or Commercial Vehicle Was Involved
Truck and commercial vehicle cases generally have larger insurance policy limits, larger defense teams, and time-sensitive record retention (driver logs, electronic data) that an attorney must act quickly to secure.
A Death in the Crash
The wrongful death claim process is unique, as are its deadlines. A grieving family should not be required to navigate this alone, as assistance early on preserves the value of a wrongful death claim.
Inside a Virginia Consultation
Initial consultation with a Virginia personal injury lawyer is free, confidential, and carries no obligation. The personal injury attorney Virginia will walk you through how the situation occurred, and how the 2-year statute of limitation & the 1% rule apply to your case, and will let you know honestly if you need representation.
If possible, bring a police report, pictures, and any insurance information with you. Initial calls take about 20 minutes, and since all of these cases are taken on a contingency fee basis, you pay nothing at the time of the initial consultation.
Get Clarity on Your Virginia Injury Case Today With Tatum & Atkinson
If you’re asking yourself, “When should I contact an attorney if I have had an accident in Virginia?” the safest answer is to call an attorney before you talk to an insurance adjuster. A free initial consultation costs nothing, and you will leave the consultation with knowledge about how your case stands.
Jon Ward is a Virginia-licensed attorney from Tatum & Atkinson who represents injured people throughout Virginia and southwest Virginia. The Heavy Hitters Team handles complex injury claims, handles the insurance companies for you, and will tell you frankly whether you require legal representation.
Call (800) 529-0804 for a free consultation today. We work on a contingency basis, meaning you will not pay unless we recover money for you. Since Virginia’s deadlines are unyielding, contact us as soon as possible.
Frequently Asked Questions!
How long do I actually have to file in Virginia?
As a general rule, you have two years from the date of the accident for most types of personal injury claims and for wrongful death lawsuits. The statute of limitations for claims against government entities or for injured minors may differ; therefore, you should verify your exact deadline early rather than assuming what it may be.
Can I still recover if I was partly at fault?
In Virginia, if you have any fault (even as little as 1%), that alone will prevent you from receiving any compensation for your injuries. So, how you first speak to the adjuster plays an immediate and pivotal role in protecting yourself from any fault claim in Virginia.
What does hiring a lawyer cost?
No payment required. Cases like these operate with what are called contingency fees so that no fees are due until recovery takes place. You also get a free consultation.
Do I need a lawyer after a crash or minor accident?
If you have only minor injuries and the other party is clearly at fault, you might succeed on your own. To determine if this would be the case, take advantage of a free consultation where you will be informed honestly, and it does NOT cost you anything.
