Have you suffered an injury in an accident with an at-fault truck driver? If so, you deserve to be compensated.
You have a legal right to payment and relief after a truck collision that was not your fault, but you do not have a lot of time to assert that right.
If you plan to sue an at-fault truck driver, you have to do it before the Virginia statute of limitations deadline passes.
Virginia’s truck accident statute of limitations deadline can quickly pass when you are dealing with the aftermath of a crash, so you should seek the help of an experienced truck accident attorney immediately after a collision.
The Virginia Statute of Limitations for Truck Collisions
The amount of time you have to file a lawsuit after a truck accident depends on the type of injury you have suffered.
If you want to sue an at-fault party for causing a truck accident that harmed you, you have to comply with the following deadlines:
- To sue for an injury to your body or mind, you must file your lawsuit within two years;
- To sue for treatment expenses resulting from an injury to your infant child, you must file your lawsuit within five years; and
- To sue for property damage, you must file your lawsuit within five years.
Sometimes it can take years to simply heal from the injuries an at-fault driver has caused. An experienced advocate can make sure your claim meets the statute of limitations while you focus on healing.
Should I File My Lawsuit Right Away?
It depends. Filing your truck accident lawsuit in a timely manner is crucial, but sooner is not always better. Now that you know how much time you have to file a claim, you also need to know how to use that time.
Before seeking compensation by filing a personal injury lawsuit, you should understand the extent of your or your child’s injuries, your or your child’s healthcare needs, and the damage to your personal property.
Determining the Extent of Your or Your Infant Child’s Injuries and Healthcare Needs
One of the first things you should do after suffering an injury in a trucking accident is to seek medical attention for you and, if they were also in the accident, your children.
No matter how mild you believe your symptoms are after a collision, get yourself to an urgent care center or emergency room immediately.
Even a seemingly “minor” and common crash injury like whiplash can have a significant and negative impact on your life for several years after an accident.
Keep up with all your recommended healthcare appointments and treatments after a collision so your healthcare professional can keep track of your needs and improvement.
When you are well monitored by a physician or other healthcare provider, you will have a better understanding of what type of financial compensation an at-fault driver should pay, including:
- Compensation for your medical expenses;
- Compensation for permanent impairment;
- Compensation for a diminished quality of life that is related to your injury;
- Compensation for lost wages and lost earning capacity due to your treatment needs and impairment level; and
- Compensation for lifelong or long-term medical costs.
Ideally, you should file your lawsuit only after your healthcare provider states that your condition is stable.
If you initiate a lawsuit too early and without sufficient medical intervention, you might miss the opportunity to receive compensation for latent or chronic conditions.
Determining the Extent of Your Property Damage
As soon as possible after an accident, you should take your car and any other salvageable property to a trusted mechanic or repair person for an accurate estimate of repair costs.
If you need to replace a vehicle or other piece of property, you should have an understanding of what your replacement costs, including necessary rentals, will be before litigating your claim.
Speak to an Attorney to Time Your Case Properly
When timing your personal injury lawsuit, your attorney is your best resource. An experienced attorney has seen enough accident lawsuits play out in court to know when it is best to commence legal action.
And if you do not want to litigate your case, a skilled attorney can maximize your recovery by negotiating with the at-fault party or their insurance company.
Our hard work has made us recognized leaders in the Virginia legal community. If you need a strong advocate who will be dedicated to your best interest, contact us online or by phone to schedule a free consultation.