Update: We will be closed Friday 9/24 at 3pm to attend the memorial of Ilya Rabkin.

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How long do I have to file a lawsuit on my case?

By Nikita Wolf, Trial Attorney with the Pendleton Law Team

The length of time a person has to begin a lawsuit in a Virginia Court depends on the type of case that person has.  Many of our clients are involved in car crashes.  What many people don’t know is that there are actually two claims that arise from most (but not all) car crash cases and the length of time to begin a lawsuit is different for each of those claims.

Property Damage Claim

The first claim is the property damage claim.  This claim includes things like the diminished value of your car following the crash and other property (such as cell phones or other tangible goods) that was in the car and damaged as a result of the crash.  For this claim, a person has five years from the date of the crash to file a lawsuit.  But don’t wait too long!  It becomes very difficult to remember what was damaged and where the repair receipts are located as time passes, especially if you were also hurt and are obviously more focused on your own pain and suffering.

Bodily Injury Claim

The second claim – and the one in which we represent our clients – is the bodily injury claim.  This claim includes things like back pain, bruises, broken bones, anxiety about the crash, and other damages done to a person’s body.  In these cases, a person has two years from the date of the crash with which to file a lawsuit.  As you progress through your treatment, it’s important to keep a list of all of the medical providers you see.  Sometimes there will be outstanding bills related to this treatment or other times the provider forgets to bill health insurance all together.  That’s why it’s important to have a legal team like Christina Pendleton & Associates looking out for you!  We track each of our clients’ progress throughout their treatment period and maintain good relationships with many local medical providers in order to help keep clients’ bills out of collections so you can focus on feeling better.

It’s important to note that these deadlines are for filing a lawsuit in the Virginia Court system, not the deadline to make a claim to the insurance company!  Call us today at 804-250-5050 so we can help guide you through this process.