Statute of Limitations for Clarksburg Car Accident Cases
Car accident cases in Clarksburg and throughout the state are subject to deadlines known as statutes of limitations. Injury victims have a limited time in which to file a case, and failure to meet this deadline can completely prevent someone from recovering compensation for their injuries. For this reason, retaining legal counsel quickly can be crucial.
Statutes of Limitations for West Virginia Car Accident Cases
Statutes of limitations vary based on the circumstances of the case. In Clarksburg, car accident claims typically must be filed with the court within two years from the date of the accident. Notably, this time limit is for filing a lawsuit in court, and it is not the deadline by which victims must file a claim with the insurance company.
Adults have the standard two-year statute of limitations for a car accident claim, but there is an exception for minors. If the victim is under 18, they have until they turn 20 years old. In other words, the statute of limitations begins to run on their 18th birthday. For example, if a six-year-old child is injured in a collision, they have 14 years to file a claim with the court. Drivers or other accident victims can learn what their statute of limitations is by seeking the counsel of a car accident lawyer. Attorneys could advise them of their deadline and empower them to take appropriate action.
Common Misconceptions and Special Allowances
A common misconception is that car accident cases must completely resolve within the statute of limitations. In fact, the statute of limitations only provides a filing deadline, and cases often proceed well past this date. They could file their case the day before the statute of limitations expires, which would mean the trial of their case will occur long after this date. As long as the lawsuit is filed with the court in time, the case may go longer.
There are also rare occasions where special allowances are made to extend the statute of limitations. For example, if the identity of the at-fault driver is unknown following the accident but learned after the statute has passed, the injured party may still file a claim against them. The law does not permanently bar someone from filing a case if they did not know they had a claim against that particular person in the first place.
A Clarksburg Attorney Could Help You Meet the Statute of Limitations
The statute of limitations for Clarksburg car accident cases is far too crucial of a deadline to be missed simply because an injured driver did not have a lawyer. An experienced attorney could track the driver’s claim and help meet all applicable deadlines and requirements. Once the statute of limitations has been missed, in most cases, the driver is forever barred from pursuing the claim.
An experienced car accident lawyer could determine exactly when the statute of limitations expires and help you file a claim in a timely manner. To ensure you meet the deadline, consider contacting an attorney as soon as possible.