Best Car Accident Lawyers Chesapeake, VA Of 2024 – Forbes Advisor – Technologist

If you or a loved one has been hurt in a car accident in Chesapeake, filing an auto accident lawsuit can be vital for recovering fair compensation. Virginia law allows you to seek economic damages for expenses such as medical bills and lost income. You could also recover noneconomic damages for pain and suffering or loss of life quality.

Virginia Statute of Limitations for Car Accident Cases

The statute of limitations determines how long after an accident you can file a claim. Observing this deadline is essential, as filing too late may prohibit you from seeking compensation. The Virginia Statute of Limitations for personal injury cases is generally two years from the accident date.

However, some rare exceptions, such as incapacitation of the victim or the defendant leaving the state, may pause the statute, meaning you could have longer to file a lawsuit. Consider consulting with a local car accident attorney as soon as possible after the accident to clarify your rights and timeline for filing a lawsuit.

Virginia Laws for Car Drivers

Virginia laws for car drivers differ from those of other states. Here are some of the most important laws to know when you’re hurt in an accident in Chesapeake:

  • Damage caps. Virginia does not impose general caps on damages in car accident cases except for punitive damages, which may be awarded only in cases involving malice or gross negligence. Punitive damages in the state are capped at $350,000.
  • Accidents with government vehicles. Claims involving government-owned vehicles, such as local transit buses, carry additional administrative burdens in Virginia. You’ll typically have to file a notice of claim within one year of the crash to be able to sue.
  • Pure contributory negligence rule. Virginia has one of the most stringent negligence standards in the country. Due to the state following a pure contributory negligence rule, you can recover damages only if the defendant was 100% at fault for the accident.
  • Driving without insurance. Virginia previously allowed drivers to legally operate a vehicle without insurance by paying an annual Uninsured Motor Vehicle (UMV) fee of $500. However, as of July 1, 2024, drivers must show proof of insurance when registering a car or renewing registration.

Identifying Fault for Car Accidents in Virginia

Identifying fault is critical in Virginia car accident claims, as the person at fault for your car crash is usually responsible for your auto accident settlement. However, Virginia follows a pure contributory negligence rule, meaning if you are even 1% at fault for the accident, you may be barred from recovering compensation.

Determining fault usually involves investigating an accident thoroughly and considering various types of evidence. Witness statements, police reports, photographs of the accident scene and traffic camera footage can all help to establish who is responsible for a crash in Chesapeake.

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