When a victim of negligence in the state of Virginia files a personal injury claim, they have the option of either going unaccompanied, or with an attorney, but at times it can get problematical and they might hurt their own case.
Two factors that are necessary to be able to file a personal injury claim are:
- Your injury is a result of another party’s negligence or an intentional act by the other party
- Damage was done to your property or harm was done to you
Reasons to consider hiring a personal injury attorney are:
- You were severely injured
- You are overloaded with medical fees or with the association of numerous doctors
- Your injury seemed insignificant at first but severity augmented after a period of time
- The fault is indistinguishable
A client’s bill of rights include
- Right to have phone calls hastily returned
- Right to be frequently updated about all development of your case
- Right to make the fundamental decisions for your case
- Right to have all legal matters of your own totally confidential
- Right to a printed fee agreement with the firm of the attorney
- Right to have your legal rights clarified in plain English
- Right to prompt consideration from the attorney
- Right to understand the truth about your case
All states, including Virginia, have a limit on how long you can wait to file a personal injury lawsuit from the date of the incident it occurred, this is called “statue of limitations”, in the state of Virginia the statute of limitations for personal injury is two years, once this period of time has passed, it will be either impossible or exceedingly difficult to attempt to initiate a personal injury lawsuit.
What will the attorney be able to achieve for the client?
- Obtain the witness’s statement
- Acquire police records
- Examine the scene of the accident
- Take photographs of the vehicles involved in the accident
- Obtain medical records
- Acquire medical fees
- Instruct the client about the legal process
- Evaluate the client’s vehicle insurance policy
- Review the client’s health insurance policy
- Review all other insurance polices
- Meet and conduct an interview with witnesses
- Conduct legal research
- File suit if negotiations fail
- Prepare client for deposition
- Assist client in responding to interrogatories
Before interviewing an attorney you should always check the following:
- Track record: ask attorney for record, how many cases have they taken? How many cases have they won?
- Fees: before hiring attorney, always get their fee structure upfront to make sure you are able to afford a budget for it.
- Area of expertise: is a personal injury the attorney’s main objective?
- Comfort level: if they make you uneasy in any kind of way or you sense that they will not be the best choice is an important factor, you want someone you’re able to feel at comfort during a difficult period.
How can the attorney be at help in different occasions in personal injury lawsuits?
- Worker’s compensation benefits: if in any case you have been hurt on the job, or suffered a work-related illness you may be titled to collect Virginia worker’s compensation benefits, this assistance can cover your medical fees.
- Truck accidents: getting into any kind of misfortunes with a commercial truck, your attorney can investigate the accident scene, examining the tractor-trailer and any kind vehicles involved in the accident, they can also acquire and review records that can explain why the conflict occurred and who shall hold responsibility.
- Disability benefits: if you are unable to do labor due to mental or physical disability your attorney can request social security disability benefits.