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Personal Injury Claims Process in Virginia

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Personal Injury Claims Process in Virginia
  1. Plaintiff is Injured

If you’re in an accident and suffer injuries, you should seek needed medical attention before anything else. Having a record of injuries and subsequent treatment is essential not only for your health but also for the potential personal injury case you may have if the other party was the cause of the accident. It is vital that, if contacted by the responsible party’s insurance, you avoid discussing the specifics of the accident. Instead, speak with an experienced personal injury attorney to handle further communications.

 

  1. Plaintiff Hires an Attorney

After finding a personal injury attorney that will work for you, you will discuss the specifications and the fees associated with your representation. Once you are satisfied that you understand the terms of representation and how the process will play out, you will sign a representation agreement, and work on your case can begin.

 

  1. Plaintiff Completes Medical Treatment

Always seek medical attention as soon as possible following your injury. This secures documentation of your injury and can be used to prove you suffered injuries following your accident.

 

  1. Negotiation and Settlement

Before formally opening a case, you have the opportunity to negotiate a settlement with the defendant out of court. Your personal injury attorney will work with you to determine a fair compensation amount and will negotiate it with the other party’s attorney.

 

  1. File and Serve Complaint

If your attorney deems a personal injury lawsuit necessary, they will assist in preparing your complaint. This will include pertinent information to your case, including naming the liable parties as the defendants. Once the defendant receives the complaint and summons, the legal case will officially begin.

 

  1. Pretrial Discovery

Your attorney will utilize interrogations, depositions, and requests for the products of evidence to collect all relevant information from the defendant’s attorney. At this time, both party’s may file pretrial motions for the judge to rule on.

 

  1. Trial Preparation and Settlement Negotiation

All information gathered during discovery will be organized and you will develop a strategy with your attorney. During your trial, all evidence gathered during discovery is presented to the jury and presiding judge. Both parties will deliver their information and challenge liability claims and other accusations. Once the information is presented, you will have the opportunity to negotiate a settlement.

 

  1. Settlement or Verdict

If your attorney has delivered a strong argument in your favor, there is a great chance of the defendant deciding to settle without the jury getting involved. However, if a settlement cannot be reached, the jury will present their verdict on if the defendant is reliable, if so, how much you should receive for your injuries.

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Practice Areas

Personal Injury

Workers’ Compensation

Automobile Accidents

Back Injuries

Brain Injury

Burn Injuries

Dog Bite

Nursing Home Injuries

Product Liability

Slip And Fall

Bicycle Accidents

Boating Accidents

Motorcycle Accidents

Truck Accidents

Medical Malpractice

Wrongful Death

Do’s & Don’ts When Handling An Injury Case

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