No matter how safely you operate your vehicle on the roads of Wytheville, you may end in a mishap that wasn’t your fault. Traffic accidents are common in Virginia, and despite injury laws in place, many victims don’t get compensation for their losses and injuries. If you were hurt in a car crash in the state, you could Click here to get a free case assessment. In this post, we are sharing some valuable details related to accident laws and the need for an attorney.
Virginia’s contributory negligence rule
It often happens that two drivers share the blame for the same accident. In such cases, the contributory negligence rule comes into play. While Virginia is a fault state, you cannot file a lawsuit against the other party if you have a share in the fault. Regardless of how limited your fault share is, there is no scope for recovering a settlement. This is very different from the comparative negligence rule that’s followed by most other states.
Virginia’s statute of limitations
For the uninitiated, the statute of limitations is a special law that states a filing deadline for personal injury lawsuits. The time cap is the same for car accident lawsuits too, which is two years from the date of the crash. If you miss that, the court will most likely deny admitting your case. The statute of limitations is for civil lawsuits and not for insurance claims. Your typical move is to first file a third-party claim with the at-fault driver’s insurance company, and if things don’t move as expected, you can always file a lawsuit within the deadline.
Get an attorney
Even when you think your accident claim is strong enough, you should consult an attorney to know how to proceed further. Insurance companies are constantly trying to find means to deny claims, and even tiny mistakes in the process can mean losing out on a fair settlement. The good news is most lawyers in Virginia don’t charge any fee for reviewing potential cases, and you don’t have to pay the lawyer’s fee until you recover money. A lawyer can ensure that you don’t settle for the first insurance offer and will negotiate with the claims adjuster accordingly.
Look online now to find a known lawyer near you and check their credentials before hiring them to take the legal battle ahead. You need someone with enough experience in managing auto accident claims.