Virginia has many visitors and tourists every year. And because of that, Virginia’s courts always experience an influx of cases that are related to personal injury suits, car accidents, and negligence.
An Alexandria personal injury lawyer fighting about liability is commonplace. Whether it is you or a family member who has been injured during car accidents or medical malpractice, it is best to know how personal injury law works in the state and enlist the services of a good attorney.
Forms of Personal Injury Cases
There are a couple of personal injury cases. But the common ones known to most of you may include personal injury cases, such as the following:
- Dog bites
- Motorcycle accidents
- Car accidents
- Slip & falls
- Medical malpractice
- Construction site injuries
Virginia’s Statute of Limitations
Every state has a statute of limitations, which refer to a timeframe required for you to file a case. This timeframe varies from one state to another and as per the law of a place.
In Virginia, the timeframe for personal injury cases is two years. The clock starts ticking after the day of an accident. So it is vital to file a personal injury case in the civil court system of Virginian before the timeframe expires.
What Happens When You Miss the Deadline?
If two years have passed after the accident, and you try filing a lawsuit anyway, the defendant can file a motion to dismiss your case by pointing out this fact to the court of law.
Unless a rare exception allows time, the court can dismiss your personal injury case. And if that happens, it means you have already lost the right to ask for compensation for the damages and injuries caused, regardless of how obvious the liability is.
Negligence and Liability in Virginia
The Virginia law often creates a duty for businesses and people to act reasonably when socializing with others. Negligence claims often arise if someone breaches that duty by acting unreasonably as well as causing you to suffer damages and injuries.
Virginia deals with negligence more uniquely than many states as it uses an approach called pure contributory negligence. Under this, the individual you bring your case against should be 100% at fault to get compensation, and you won’t be able to get compensated if you are part of that negligence.
In some situations, it isn’t easy to prove or determine liability. Insurance firms may seek to align all or some of the liability to victims so as to avoid a payout.
Your personal injury attorney is familiar with such cases and tactics and will conduct a thorough investigation, which might include analysis, expert witnesses, and gathering of evidence. Pieces of evidence may take different forms. In general, they can be testimonial, real, demonstrative, or documentary in nature and may include the following:
- Expert opinions
- Medical records
- Police reports
- Videos and photos
- Witness accounts
- Crash reconstruction
- Accident reports
It is best to involve a qualified and experienced attorney whenever you have a personal injury case. A good attorney will always be there for you to protect your best interests by ensuring you get compensated fairly.