Virginia is a tort state. If you sustained injuries in an on-road mishap in Wytheville that happened due to the other driver’s disregard for safety or fault, you could seek compensation for your losses. Winning a fair settlement is never easy, especially when there is an insurance company involved. You need to hire a Wytheville auto accident lawyer to know the worth of your claim. Here’s more on the state laws in Virginia and reasons to lawyer up.
Filing a car accident lawsuit
If you want to sue the other driver/party in the civil court, you must do so within two years from the accident date. Virginia’s statute of limitations gives a window of two years for both wrongful death and personal injury lawsuits. If you want to sue for property damage only, you have a five-year time limit. These deadlines are only applicable for lawsuits and not insurance claims.
Having a share in the fault
What happens when you were also to blame for the accident? Compared to most states, Virginia has very plaintiff-unfriendly laws. It follows the “contributory negligence” rule, which is very different from the “comparative negligence” rule followed by other states. If you were at fault for the accident, no matter the share, you cannot recover anything from the other party at fault.
Should you report the accident?
The short answer is yes. State laws make it mandatory for involved drivers to report a traffic accident when death or injury is involved. You can choose to report to the local law enforcement agency or the State Police.
Do you need to lawyer up?
Yes, absolutely. You have to consider hiring an attorney for your case without any further delay. Given the contributory negligence rule, the other party will try to shift the blame on you. Don’t expect any sympathy or compassion for the insurance company wither. You should definitely call an attorney in Wytheville if –
- You have sustained serious injuries in the accident
- You have sustained catastrophic injuries
- You are unsure of fault
- There were many vehicles involved
- You have no experience with insurance companies
The good news is most law firms in Wytheville offer free assessments for potential clients. You can talk to the lawyer directly and know the scope of your claim. Most injury lawsuits don’t go to trial, but if your case does, you will need an attorney on your side. Find a few local law firms now.
