How Long After an Accident Do I Have to File a Claim?


Were you or a loved one injured in an accident?  If so, you’re probably going to file a claim for the damaged suffered as a result of the accident. Sometimes after an accident, it could take weeks or several months to realize the true impact of your injuries. For this reason, you may have put off filing your claim.

While you may miss out by filing before your injuries are fully realized, it’s important to file before time is up. The statute of limitation determines the amount of time an injured person has to file a claim for damages.  If you don’t file within the statute of limitation, then you are unable to file a claim. The statute of limitation varies by state and type of claim. Generally speaking, the statute of limitation for filing a claim in Virginia for personal injury is two years.

It can be difficult to understand the statute of limitation that applies to your type of claim.

According to Daniel L. Crandall of the Law Offices of Crandall & Katt, generally speaking, the time frame in which you can file a claim starts when the wrongful act occurred that caused injury. There are a limited number of cases where the claim starts when the injured party discovers an injury has occurred.

Depending on the circumstances, this can be very complicated. In some instances, such as medical malpractice, the harm suffered isn’t always immediately apparent. The discover rule doesn’t apply to every situation, though, and any delay in discovery must be reasonable under the circumstances.

Due to the complexity of statutes of limitation and the claims process, it’s in your best interest to consult an experienced attorney. A personal injury lawyer at the Law Office of Daniel L. Crandall will insure you understand the statute of limitation that applies to your case and see that your claim is filed during that period. For more information or to set up a consultation, contact 1-800-LAW-8000.