How Long Do I Have To File A Claim For A Semi-Truck Accident In Virginia?

Being involved in a semi-truck accident can be a traumatic and challenging experience. Knowing your legal rights and responsibilities regarding filing a claim is essential to receiving total and fair compensation. This guide will provide critical information for Virginia residents on the timeline for filing a truck accident claim and reasons to contact a Virginia personal injury lawyer for assistance.

Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Statute of Limitations for Filing a Truck Accident Claim in Virginia

The statute of limitations refers to the timeframe within which a lawsuit related to an accident and injury must be filed. For semi-truck accident cases in Virginia, you have two years from the accident date to file your claim. 

This two-year window applies whether you wish to file a lawsuit against the truck driver, their employer, the shipping company, or any other potentially liable parties. Failure to file within this timeframe could lead to forfeiting your right to compensation.

It is advisable to contact a Virginia personal injury lawyer soon after your accident to begin gathering evidence and evaluating your legal options. This ensures the claim will be ready for filing within the two-year limit if a settlement is not reached beforehand.

Why You Should File Promptly After a Semi-Truck Accident

While you technically have two years to file your truck accident claim in Virginia, there are important reasons to file promptly, including:

Preserve Evidence From the Scene

The more time that elapses after an accident, the more evidence can be lost or compromised. A Virginia personal injury lawyer will act quickly to gather police reports, photos of property damage and injuries, eyewitness statements, and footage from dash cams or nearby security cameras. This evidence could be crucial for proving liability later on.

Receive Prompt Medical Care

Seeking medical treatment quickly can positively impact your long-term health and ability to recover damages related to the accident. Some specific medical costs and losses can be recouped through a Virginia truck accident claim.

Initiate an Investigation 

Your Virginia personal injury lawyer will launch a thorough independent investigation of what led to the truck crash. They have resources and skills for reconstructing accident scenes, assessing mechanical failures or maintenance issues with the semi, and pinpointing dangerous conditions that may have contributed to the collision.

Negotiate With Insurance Companies

Insurance carriers for trucking companies typically work aggressively to limit payouts on claims. A skilled negotiator like a Virginia personal injury lawyer can stand up to intimidation tactics and refuse unfair settlements. The sooner they become involved, the quicker fair compensation can be recovered.

What Type of Damages Can Be Claimed After a Truck Crash?

The specific compensation or damages that you can claim will depend on the details of your semi-truck accident injuries and losses. Having an experienced Virginia personal injury lawyer assess your situation is essential to understand your full legal rights.

Some of the common damages available through a Virginia truck accident claim include:

Medical Expenses 

Both current and future/ongoing medical bills related to accident injuries can be recouped, such as hospitalization, surgery, rehabilitation, prescription medications, and more.  

Lost Income 

If injuries force you to miss work for recovery, this lost income can be claimed in your lawsuit. Documented past and future earnings are applicable.

Loss of Earning Capacity

If accident injuries leave you disabled and unable to work in the same capacity as before, resulting in decreased earning potential, it can be factored into a claim.

Property Losses

Repairs or replacement costs for any property damaged in the crash, such as your vehicle, can be recouped if the trucker or their company is deemed liable.

Pain and Suffering

Virginia personal injury law allows accident victims to claim damages from crash injuries for physical and emotional distress. The precise settlement amount typically considers injury severity and recovery time.

Critical Steps for Filing a Truck Accident Lawsuit in Virginia

If negotiating an adequate settlement with insurers is impossible, filing a truck accident lawsuit through civil court is the next step. Having an attorney guide you through this complex legal process is vital. Key stages can include:

Using Evidence to Prove Liability

A Virginia personal injury lawyer will strategically demonstrate that the negligence or recklessness of the truck driver and possibly other parties directly caused the accident injuries. Evidence gathered from the scene, accounts of eyewitnesses, police reports, and skilled analysis will be utilized. Virginia follows the legal doctrine of “contributory negligence,” meaning the plaintiff cannot bear any fault for causing the crash.  

Calculating Total Current and Future Damages  

Documenting the full scope of financial losses stemming from medical treatment, lost income, vehicle repairs, permanent disability and pain/suffering is critical before demanding a settlement amount. Consider expert testimony to validate assertions.

Filing Complaint and Serving Defendants  

Procedural rules must be carefully followed when submitting initial filings to the court and serving notice to the defendants. This usually occurs within the two-year statute of limitations timeframe.      

Entering Settlement Negotiations  

Before proceeding to trial, further attempts at reaching a satisfactory settlement often occur through exchanges between the plaintiff’s Virginia truck accident attorney and defense counsel. Mediation sessions may also take place. If no compromise can be reached, trial litigation moves forward.

Litigating in Court Before Judge or Jury

If efforts to settle fail, the plaintiff’s case proceeds to trial litigation, where both sides present evidence and arguments before a judge or jury deciding financial liability and damages. In success for the plaintiff, the defendants will be court-ordered to pay the settlement amount set by the judge/jury.

Why Choose a Virginia Personal Injury Lawyer for Help With Your Claim

Pursuing fair compensation after a devastating semi-truck collision is extremely difficult without dedicated legal representation. A qualified Virginia personal injury lawyer can advocate for victims and handle the intricacies of investigating facts, proving liability, calculating damages, negotiating, filing claims properly, and litigating suits through court or settlements. 

They also deal directly with aggressive insurance carriers so victims can avoid harassment. Their experience battling trucking companies brings insider knowledge of tactics to deny adequate payouts to injured parties. They operate on contingency, removing financial barriers to obtaining quality counsel. 

For the highest chances of success on your unique truck accident case in Virginia and relief to focus on healing, connect with a reputable Virginia personal injury lawyer serving your local area today. Many offer free initial consultations and case assessments. You deserve justice.      

5 Key Questions About Filing a Semi-Truck Accident Claim in Virginia

1.  Should I Provide A Recorded Statement About The Truck Accident To Insurers?

It is generally only advisable to offer formal recorded statements to trucking company insurers or defense lawyers once you retain legal representation. Innocent comments could be used against you later. Let your Virginia personal injury lawyer handle communications. 

2. How Much Compensation Might My Truck Accident Claim Be Worth?

Every truck crash case involves unique factors, but serious injuries and substantial losses could result in claim values exceeding $1 million or more. An experienced Virginia personal injury lawyer can assess damages and liability strength to estimate potential settlement outcomes.  

3. Who Pays The Settlement Money If I Win My Claim?

Depending on case details, sources for claim payouts include the truck driver's auto liability policy limits, additional coverage from their employer, umbrella policies, and even your underinsured motorist coverage.

4. Can I Still Recover Damages If I Was Partly At Fault For The Truck Accident?

Virginia follows contributory negligence laws, so even 1% of fault assigned to you by courts would bar financial recovery. The burden is on your Virginia personal injury lawyer to convince judges or juries that the defendants' actions alone caused the crash.  

5.  How Much Does A Virginia Personal Injury Lawyer Cost To Handle My Truck Accident Case?

Most firms work on contingency, meaning legal fees are percentage-based from settlement funds secured for you rather than upfront costs. If no recovery is obtained, you owe no fees for services. Any expenses are typically advanced and then reimbursed from the settlement.

Conclusion  

The two-year statute of limitations gives semi-truck accident victims in Virginia adequate time to file injury claims seeking fair restitution. However, promptly contacting a Virginia personal injury lawyer is vital to preserve evidence, investigate truck crash details thoroughly, and negotiate assertively with insurers before resorting to court filings if needed. Damages related to medical bills, lost income, disabilities, property losses, and pain/suffering may be covered by liable parties. An experienced attorney simplifies the legal process and advocates to secure your rights. Those injured in a commercial truck collision should immediately evaluate legal options for the best results.

Altizer Law has guided clients through personal injury cases with a personalized touch. We are here to help you and treat every client with the utmost care and empathy. Call our team of experienced attorneys today at 540.345.2000.