Virginia Car Accident Lawsuit
When Can I File a Car Accident Lawsuit in Virginia?
Virginia does not restrict lawsuits over car accidents. If you feel you have a case, you can file. For minor accidents, injuries, and medical bills, you may want to make an insurance claim. Virginia allows drivers to choose personal injury protection or at-fault insurance. The type determines whether you claim on your insurance or that of the negligent driver. A lawyer can help you make a successful claim either way.
If you can’t get adequate compensation through a claim, or if you have serious injuries and expenses, you may want to sue. You can sue the at-fault driver, their employer if it occurred on company time, or their insurer.
A car accident lawsuit can take time and may or may not result in compensation. Talk to an experienced lawyer to get advice before taking action. If they feel you have a strong case, they should take you on with no fees due until they win for you.
Is There a Time Limit on Filing?
Yes, you can miss your opportunity to sue if you are outside the statute of limitations. This is two years in Virginia. The law gives you two years from the time of the accident to file. If you have a case against a government agency or employee, you may have less time. Talk to a lawyer about filing as soon as possible.
How Do I File a Virginia Car Accident Lawsuit?
To file a lawsuit is a complicated process. In Virginia, the steps are similar to those in other states, beginning with filing a complaint and often ending in a settlement. Only occasionally do car accident cases go to trial.
Your lawyer will take you through these steps to file a car accident lawsuit in Virginia:
- Filing
The first step is to file the complaint to notify the court and the defendants of your allegations. Your lawyer will do this. - Discovery
The next step is to take time to build a case. This is called the discovery period. Your legal team will collect evidence, usually by investigating the accident, working with relevant experts, and talking to witnesses. They may also hold depositions and share information with the defendants’ team. - Negotiations
Most personal injury cases end with a pre-trial settlement. Defendants generally prefer to avoid a trial where jury awards can be high. Your lawyer will enter into negotiations to get you compensation without a trial. - Trial
Your lawyer may need to push the defendants to trial to get you what you deserve. In court, your lawyer will present evidence and testimony. The jury decides if the defendants are negligent. It also awards damages. - Appeals
If the defendants lose, they can appeal and take the decision to a higher court in Virginia. If this happens to you, your lawyer will make your case once again before a judge to try to keep the jury verdict.
What Does My Lawyer Need to Prove My Case?
To prove negligence and that the defendants owe you damages, your lawyer needs to prove a few things:
- That the defendants breached a legal duty to drive or maintain a vehicle in a responsible way
- That the breach directly caused the accident and your injuries
- That the resulting injuries led to your expenses
From you, your lawyer will need your honest, complete recollections of what happened in the accident. They need testimony from witnesses, insurance information, your medical records and bills, and other information about how the accident has affected you.
What Can I Recover in Damages?
Damages amounts vary by case. There is no way to guarantee an amount, but your lawyer should have enough experience to make a good estimate. Damages depend on:
- Your medical bills
- Any medical bills or care costs expected in the future
- Lost wages or lost future earning potential
- Any disabilities or disfigurement caused by the accident
- Pain and suffering, emotional trauma
The law in Virginia also impacts damages amounts. If you have any fault in the accident that the defendants can prove, you cannot recover any amount.
Examples of Virginia Car Accident Lawsuits
These examples of car accident lawsuits filed in Virginia can give you an idea of what to expect and what may be possible in your case:
- Train passengers suffered injuries in a 2018 accident between a garbage truck and a train in Crozet. A passenger in the truck died. A criminal lawsuit acquitted charges against Dana Naylor, Jr., the driver of the truck who drove in front of the oncoming train. Four of the train passengers are now suing Naylor, his employer, the railroad company, and the Amtrack conductor. Two other people on the train already settled, but these suits will go to trial in fall 2021.[1]
- In 2013, Benjamin Allen struck Lisa Chandler’s vehicle from behind during stopped traffic on I-64 near the Settlers Landing Road Exit. Allen was driving at 60 miles per hour at the time and was likely distracted when he hit Chandler’s car. Chandler suffered serious foot injuries that required multiple surgeries and left her with chronic pain. Her lawsuit went to trial, ending with a jury award of $1.5 million.[2]
- A Pulaski County jury awarded a $14 million verdict to Zachary Duncan over a traumatic brain injury he suffered in a 2010 crash. Just 16 at the time, he went off the road and struck a tree on the driver’s side of his Hyundai Tiburon. The family sued Hyundai, alleging that his injuries resulted from the fact that the side airbags never deployed. Their lawyers made the case that Hyundai knew there were risks with the placement of the sensors and that their location led to the failure to deploy.[3]
The consequences of negligent driving can be minor or devastating. If someone’s carelessness hurt you or a loved one, consider filing a Virginia car accident lawsuit. The right lawyer can guide you through the process and help you recover damages.