How Long Do You Have to File Your Truck Accident Lawsuit in Richmond, Virginia?

If you’re hurt in a truck accident, you’re going to need medical attention. These accidents tend to be very serious. Anytime a huge tractor-trailer engages with a car or SUV, there’s bound to be devastating injuries. More often than not, these injuries are suffered by the driver of the passenger car or SUV – not the truck driver. They have too much metal surrounding them. They usually get to walk away from the crash. If you suffer these serious injuries, you need to focus on getting the medical care that you need. Let an experienced Richmond truck accident lawyer handle the legal side of things. Just make sure you don’t wait too long to meet with your attorney. The courts only give you a certain amount of time to file suit.

The Statute of Limitations in Virginia is 2 Years

Every state has its own rules about how long you have to file suit. The deadline is dictated by the statute of limitations. In Virginia, you only have two (2) years to file suit. The reason the courts set these deadlines is to make sure things are done fairly. After two years, evidence becomes stale. It can be hard for the defendant to track down witnesses after that time. If an accident victim wants to file suit, their Richmond truck accident lawyer needs to do it before the two years are up. If not, the case will be dismissed. 

Your Richmond Truck Accident Lawyer Will Make Sure You Meet the Deadline

Your Richmond truck accident lawyer understands that if your lawsuit isn’t filed in time, you can’t win. They work on a contingency basis. It’s just as important for them to get your suit filed in time. They can only do this if you retain them early enough to make a difference. It takes time for your attorney to prepare your case. They need to gather evidence and talk to witnesses. They also need to review your medical records to see what kinds of damages they can demand. 

If you meet with your Richmond truck accident lawyer too close to the deadline, they may not want to handle your case. They have to be realistic. If there isn’t enough time to do the job properly, they may not want to take it on. That’s why you need to schedule your free, initial consultation as soon as possible after your accident. 

What Happens if You Miss the Deadline?

The courts are not forgiving when it comes to the statute of limitations. This filing deadline is critical. There are only three (3) cases in which a judge can and will approve an extension of the filing deadline:

  • If the victim is a minor at the time of the accident, the statute of limitations will be put on hold
  • If the defendant committed fraud to evade service of process, the court may give you additional time
  • If you are declared mentally incompetent at any point after the accident, the statute will toll and will start back up when you’re declared competent again

If you miss the deadline, one of two things will happen. The judge will either dismiss the case out of hand. Or the defendant’s attorney will file a motion to dismiss. The judge will have no choice but grant their motion.

Call and Talk to a Skilled Richmond Truck Accident Lawyer

If your loved one is injured in a truck accident in Richmond, Virginia, you need help. The last thing you’ll want to do is spend hours fighting with the insurance company. You’re going to need to spend time making sure your loved one is okay. All you have to do is hire an experienced Richmond tractor-trailer accident lawyer to handle these things for you. They’ve spent years handling cases just like yours. They know how the insurance companies work. They also know how the courts work. The last thing they’re going to do is let you miss your filing deadline.

The first step is calling our office and scheduling your free, initial consultation. Come in and spend some time telling us your story. We can answer any questions you may have. We can also ask a few questions of our own. Just don’t wait until the last minute to retain a Richmond truck accident lawyer. They’re going to need ample time to prepare your case. The consultation is free, and you don’t have anything to lose.

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