How Long After an Accident Can You Sue Someone in Virginia?

The statute of limitations sets a deadline for filing a lawsuit after an accident. This timeframe ensures that legal disputes are resolved within a reasonable period while evidence remains available and reliable.

Table of Contents

1. Time Limits for Filing a Personal Injury Lawsuit
2. Time Limits for Filing a Property Damage Lawsuit
3. Exceptions That May Extend the Deadline
4. Consequences of Missing the Filing Deadline
5. Steps to Take After an Accident to Protect Your Claim
6. Why You Should Consult a Personal Injury Attorney
7. Conclusion

1. Time Limits for Filing a Personal Injury Lawsuit

In Virginia, the statute of limitations for personal injury claims is two years from the date of the accident. This applies to injuries sustained in car accidents, slip and falls, and other personal injury cases. If you do not file within this period, you may lose your right to seek compensation.

2. Time Limits for Filing a Property Damage Lawsuit

If your vehicle or other personal property was damaged in an accident, you have five years from the date of the accident to file a lawsuit for property damage. This longer timeframe allows vehicle owners to seek repair or replacement costs.

3. Exceptions That May Extend the Deadline

Certain exceptions can extend or modify Virginia’s statute of limitations:

• Minor Victims – If the injured person was under 18 at the time of the accident, the two-year countdown begins when they turn 18.
• Mentally Incapacitated Individuals – If the victim is deemed mentally incompetent, the statute of limitations may be paused until competency is restored.
• Wrongful Death Cases – If an accident leads to death, the two-year time limit applies but starts from the date of death rather than the accident date.
• Defendant Leaves Virginia – If the at-fault party leaves Virginia after the accident but before a lawsuit is filed, the time they are absent may not count toward the statute of limitations.

4. Consequences of Missing the Filing Deadline

Failing to file within the statute of limitations typically results in the court dismissing your case. This means you lose your right to seek compensation for medical bills, lost wages, pain and suffering, and other damages related to the accident.

5. Steps to Take After an Accident to Protect Your Claim

To ensure you preserve your right to sue, take the following steps after an accident:

• Seek medical attention immediately and document all injuries.
• Report the accident to the appropriate authorities.
• Collect evidence, including photos, witness statements, and police reports.
• Keep records of medical bills, repair costs, and lost wages.
• Consult an attorney to understand your legal rights and the best course of action.

6. Why You Should Consult a Personal Injury Attorney

An experienced personal injury attorney can help you understand your legal options, meet critical deadlines, and maximize your compensation. If you or a loved one were involved in an accident, don’t delay—consult a lawyer as soon as possible to protect your rights and ensure your claim is filed on time.

7. Conclusion

Knowing how long after an accident you can sue someone in Virginia is crucial for protecting your legal rights. While the general time limits are two years for personal injuries and five years for property damage, exceptions may apply. Seeking legal advice early can help ensure you take the necessary steps to secure compensation for your losses.