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Auto Accidents in Virginia Beach

Car Accident Attorney Advocating for Maximum Compensation on Your Behalf

If the negligence of another driver caused you injury, you may be wondering if you have any legal options. At The Law Offices of Daniel J. Miller, our auto accident attorney can review your case and help you determine what compensation you can seek.

Call our firm today at (757) 517-2942 for your case evaluation.

Statute of Limitations on Car Accident Cases

A statute of limitations is a state-mandated time limit on a person’s right to establish a lawsuit in court. In Virginia, 3 different statutes govern a person’s right to file a lawsuit after an auto accident.

After an auto accident-related injury, a person has 2 years from the date of the accident to file a claim. This person could be a driver, passenger, or even a pedestrian; anyone who sustains an injury as the result of an automobile accident has the right to file a lawsuit. Additionally, people whose property was damaged in connection with a car accident have 5 years to file a lawsuit.

If the car accident resulted in a fatality, their family or representative can file a lawsuit. This party has 2 years from the date of death to file a lawsuit.

Contributory Negligence

Virginia abides by a contributory negligence rule, which means that a party seeking compensation for an auto accident may not receive any if they are partially to blame for the accident. For example, if a pedestrian was struck by a car while using the crosswalk, a court will investigate whether the injured party heeded all pedestrian laws before crossing the street. If the pedestrian was in violation of any crossing regulations at the time of the accident, they could be considered partly at fault and, therefore, unable to claim compensation.

Comparative Negligence

Unlike contributory negligence, comparative negligence weighs each party’s contributions to an accident to decide how much compensation the injured party should receive. There are 2 ways a court handles comparative negligence:

  1. Pure Comparative Negligence: The injured party’s damages are totaled and reduced by their contribution to the injury. For example, if a court decides the injured party is 25% at fault for the accident, the compensation they receive will be reduced by 25%.
  2. Modified Comparative Negligence: If an injured party is found to be 50% or more at fault for the accident, they will not receive compensation for their injuries.

Helping You Receive the Compensation You Deserve

At The Law Offices of Daniel J. Miller, our attorney will do everything he can to advocate for your right to compensation. We understand the difficulty surrounding auto accident lawsuits and are here to help you get through the legal process as quickly as possible.

Call our firm today at (757) 517-2942 or contact us online for a consultation.