No matter how strong you are, dealing with the immediate impact of a car accident is not easy. More than 120,000 auto accidents are reported in Virginia every year. If you sustained injuries in an accident in Hillsville, you should seek legal counsel without delay.
Virginia is a tort state. If the other driver was responsible for the crash, they are liable for your losses. Winning a settlement, however, won’t be easy. Insurance companies and their claims adjusters are infamous for their tactics. A Hillsville auto accident lawyer can help evaluate the worth of your claim and fight the battle on your behalf. Here’s what you must know about Virginia car accident laws.
Deadline for car accident injury lawsuits
The statute of limitations in any state sets the deadline to file injury lawsuits. In Virginia, you can file a car accident injury lawsuit within two years from the accident date. If you lost a loved one in the accident, the deadline for a wrongful death lawsuit is two years, but the count starts from the date of the deceased’s death. For property damage lawsuits, the deadline is five years.
Contributory negligence rule
Most states follow what is called the “comparative negligence” rule. For example, in California, you can sue the other at-fault party with a minor fault share. That’s not the case in Virginia, which follows the contributory negligence rule. You cannot sue the other at-fault driven if you have a share in the fault. No matter how minor, your fault prevents you from seeking any compensation for the losses you have endured. This is the precise reason why insurance companies do their best to find fault of the claimant.
Do you need a lawyer?
The short answer is yes. Auto accident cases are often complex and hard to win. Law firms know what it takes to fight insurance companies, and their lawyers will take the matter to court if needed. If you have any questions related to the work profile of an attorney, check their recent cases and ask them if they have experience going to trial for accident victims.
Not all lawyers are the same. Take your time and find an auto accident lawyer who is locally based in Hillsville. You need to get an assessment of your claim, and most law firms in Virginia will do that for free. Don’t forget to ask about the expected expenses of the case in advance.