What is Personal Injury Litigation?

If you have fallen victim to an accident, you may be entitled to compensation for your injuries and other losses. Personal injury litigation is the process of recovering monetary damages, which may be both economic and noneconomic in nature. In this blog, our Virginia personal injury attorneys would like to discuss the process for filing a personal injury claim, as well as applicable deadlines.

Establishing Negligence

Most personal injury cases center around a person’s failure to use reasonable care, known as negligence. To recover damages, an injury victim must establish the following:

• Duty: the defendant (the party being sued) owed you a duty of reasonable care
• Breach: the defendant violated that duty through an act or omission
• Causation: the defendant’s actions caused your injuries
• Damages: because of the defendant’s actions, you have suffered measurable injuries and losses

Evidence is key to proving another person’s liability. A Virginia personal injury attorney knows how to determine what evidence will be valuable in your case and how to obtain it.

Process of Litigation in Virginia

In Virginia, the litigation process begins when a plaintiff files a complaint and summons with the court. Both the complaint and the summons will be served upon the defendant. In Virginia, the defendant has 21 days to file a response. If the defendant files an answer, this is a written response either admitting or denying the allegations.

Before your case is taken to trial, both sides will exchange information in what is known as the discovery process. Typically, there are four forms of discovery:

• Interrogatories: a set of written questions sent to the adverse party
• Depositions: out-of-court testimony given under oath
• Requests for admission: statements submitted by one party asking the opposing party to admit or deny a set of statements
• Requests for production: requests for electronic documentation and other physical evidence submitted to the opposing party

When Should I Consider Litigation?

Before your case is brought to court, an attempt will be made to settle your case with the insurance company. Whereas most personal injury cases do settle, your attorney may advise you to consider litigation in certain circumstances, such as:

• The insurance company repeatedly offers you a low settlement, which does not cover the cost of your expenses
• If negotiations with insurance have stalled
• The insurance company denies your claim
• If your damages exceed the defendant’s policy limits (common in car accident lawsuits)

How Long Do I Have to File a Personal Injury Suit?

You only have two years to file a personal injury action against another person. This limitation period exists to preserve evidence, although there are exceptions to the rule. Your personal injury attorney will evaluate your case to determine when the two year limitation period expired for you. Because the limitation period is so short in personal injury cases, it is important that you speak to an attorney soon after the injury occurs and move forward with the case in a timely manner. Even if you believe the statute of limitations has run out, you should speak with a Virginia personal injury attorney to find out if an exception applies in your case.

Dedicated to Representing Your Interests

If you are considering litigation for an injury or accident, you should hire experienced counsel to work on your behalf. Besides familiarity with personal injury law and court deadlines, a Virginia personal injury attorney can help craft your case to give you the strongest chance of recovering maximum compensation.

A personal injury attorney will help gather documentation to demonstrate your losses. Damages may include economic losses, such as lost wages, medical expenses, and property damage, as well as noneconomic losses, such as pain and suffering. Having effective representation can make all the difference, giving you the financial cushion you need to cover any accident-related costs.

Reach Out to a Virginia Personal Injury Attorney Today

If you or a family member have been injured in an accident, our team of experienced personal injury attorneys are here to lend you a helping hand. With over 25 years of experience serving the residents of Northern Virginia concerning a range of legal matters, our legal team is prepared to take an approach that best suits your needs. To discuss your case, contact us online or by phone to schedule your free consultation.