2,645 commercial truck accidents resulting in 52 deaths occurred in Virginia in 2021. Truck accidents are typically catastrophic and leave their victims with severe injuries that require lengthy and expensive medical treatments. If you were injured in a commercial truck accident due to someone else’s negligence, you could be entitled to compensation for the damages you incurred. While it is possible to settle a truck accident claim amicably, bringing a lawsuit is often the best way to ensure you are fully and fairly compensated. The Virginia Beach truck accident lawyers at Shapiro, Washburn & Sharp are here to help you file your claim before the two-year statute of limitations expires. We have 70 combined years of experience handling major truck accidents and an impressive track record of successful case outcomes. Call us today to schedule your free consultation.
What Is the Virginia Statute of Limitations for Filing a Truck Accident Claim?
A statute of limitations is the deadline for bringing a lawsuit for your trucking accident case. This deadline is relatively inflexible, and if it lapses before you file, you will likely be barred from filing.
The Virginia statute of limitations for a truck accident claim is:
- Two years from the date the accident took place for a personal injury lawsuit
- Two years from the day of the victim’s death for a wrongful death lawsuit
- Five years from the day of the accident for property damage
Exceptions to the Statute of Limitations
Despite the rigid filing deadlines, there are some scenarios where the statute can be tolled or paused. These exceptions include:
- A victim is mentally or physically incapacitated or in a coma: In this scenario, the statute is tolled until the victim is no longer incapacitated and can pursue damages.
- A victim is under 18 years of age: If the victim is a minor, they have until their 20th birthday to file a claim.
These few exceptions notwithstanding, truck accident victims have two years from the day of their accident to bring a personal injury claim against the negligent party. Talk to an experienced Virginia Beach truck accident lawyer from Shapiro, Washburn & Sharp to learn whether any exceptions apply to your truck accident case.
Why Does Virginia Impose a Deadline on the Filing of Personal Injury Claims?
The purpose of the statute of limitations for a truck accident is to compel plaintiffs to take prompt action after their accidents. This is because lawyers need to investigate the cause of the accident, collect important evidence, and build a strong case. Regrettably, as time goes on, witnesses tend to forget details of what they saw, and the longer you wait to begin your investigation, the higher the odds of credible evidence being damaged, altered, forgotten, or lost to time. The primary purpose of a statute of limitations is to protect those involved from unjust legal action stemming from irretrievable, obscured, or lost evidence.
If you file a Virginia Beach truck accident lawsuit, make sure you do so before the statute of limitations expires. Taking a long time to pursue legal action could compromise your case’s credibility. Vital evidence might also be lost, weakening your claim and making it challenging for your Virginia Beach truck accident lawyer to negotiate an equitable settlement.
Contact Our Personal Injury Law Firm
If you sustained injuries or lost a loved one in an accident involving a commercial truck, working with one of the skilled truck accident lawyers at Shapiro, Washburn & Sharp can improve your chances of a successful outcome to your case, such as the $2.4 million settlement we obtained for the family of a driver who died after a negligent truck operator struck his vehicle. Call (833) 997-1774 to schedule a free case review or fill out the contact form on our website. Our offices are in Virginia Beach, Portsmouth, Hampton, and Norfolk.