Virginia Car Accident And Personal Injury Laws Fairfax

In regards to laws for car accidents in the state of Virginia, there are 2 main laws to look out for and they are:

The Virginia Car Accident Statute of Limitations:

Firstly, to clarify on what is Statute of limitations; well it is a state law that sets a firm deadline on your right to bring your lawsuit to court. Virginia has at the least 3 statute of limitations that come into play when you have a car accident

The first law related to Car accident injury lawsuits which means that in-case one or more individuals was hurt in the accident regardless of who they are, they need to file a lawsuit in Virginia`s civil court against the offender within 2 years from the day of the accident.

The second law relates to Damage to a vehicle or other property lawsuits in which the defendant has 5 years to file a charge against the offender according to Code of Virginia section 8.01-243.

The third law relates to the possibilities of the accident having any fatalities, in which case the deceased’s family or a representative have a 2 year deadline to file the lawsuit starting from the minute the victim`s death occurs as stated in the Code of Virginia section 8.01-244.

Moreover, in the case of failing to file for a lawsuit before the deadline expires, then there will be a great possibility that your case will be dismissed specifically if the offender asks the court to do so.

Contributory Negligence in Virginia Car Accident Cases:

Virginia is different from other states because it has “contributory negligence” rule, in which if you are even slightly to blame for causing the accident, you will not get any compensation from the other driver.

Therefore not only does this rule bind the judges and juries of Virginia but it also directs a car insurance claims adjuster when he/she is assessing your case.

Regarding personal injury laws in Virginia, there are 5 laws that are imperative to know and they are:

Time Limits: As stated before the statute of limitations grants you a time-limit of 2 years only, thus it is imperative to file your personal injury case to the courts before the deadline is over or else your case will be barred from court hearings.

Injury claims against the government: In the chance that you case is against the government of the state of Virginia then special procedural rules come into play. First you or your lawyer have to inform the state of your claim by stating just the basic details along with it being sent within 6 months from the day the accident occurred. However, if it is against the Virginia transportation district then you have a 1-year deadline. After the government responds whether it accepts or declines, you will be allowed to file the lawsuit in court.

Damage caps: Virginia has no limit to damage caps for the standard personal injury case ecept for 2 exceptions and they are: Damages for medical malpractice which has a cap limit of $2 million and Punitive damage caps which are limited to $350,000. However punitive damage are only allowed if given proof the offender committed serious irresponsible conduct.

Virginias shared fault rule: Virginia is one of the few states to use Contributory Negligence rule for personal injury which means that if you share even 1% of the fault, then you will not receive anything from the at-fault party.

Animal Liability for personal injury: Virginia has no specific decree governing personal injuries committed by animals such as dog bites. As such the One Bite rule states that in the case the owner of the animal is shown to be aware that the animal is dangerous then as the owner he or she will be held responsible for the offence.

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