Personal Injury
WHAT CONSTITUTES PERSONAL INJURY?
If you're injured and believe someone else is at fault,
these questions can help you determine a case. When you
consult a lawyer, be sure that all these points are covered:
WHO could be held liable? Did any negligence
contribute to your injury, and whose was it?
WHAT is the extent of your injury? Do
you believe it to be permanent or temporary? Did you lose
time from work? Did you incur medical bills; how much do
you owe?
WHERE did the injury occur? This determines
who can be found liable. For example, did it happen at work,
in a store, or on a public street? You probably qualify
for worker's compensation if you were injured on the job.
You may have a case against a business if you were injured
due to an oversight on their part. The same may be found
against a local government.
WHEN did it happen? If you wait too long
to file a claim, you may be out of luck because of statutes
of limitations which set deadlines for filing.
DOES A PERSON HAVE TO HAVE A LAWYER IN A PERSONAL
INJURY CASE?
No, but it is advisable. A minor injury case might best
be handled by contacting a person or business you believe
to be responsible for your injury. The letter should inform
them that you were hurt, describe how you were injured,
and request their insurance company to contact you. The
insurance company will often try to settle the claim without
the involvement of lawyers. However, consult a lawyer before
finalizing an agreement if you have any questions about
whether you are getting a fair or proper settlement.
In the case of a serious injury, you should consult a lawyer
as soon as possible if you believe the injury was caused
by somebody else's negligence. Most likely the insurance
company for that other party will investigate immediately,
but it helps keep the playing field level if you have a
lawyer to represent your interests and protect any important
evidence.
HOW SOON AFTER AN INJURY DOES A LAWSUIT HAVE TO
BE BROUGHT IN VIRGINIA BEFORE THE STATUTE OF LIMITATIONS TAKES
EFFECT?
You cannot wait forever to bring your suit. The time you
do have is determined by law depending on the nature of
your claim. You must bring your action within the period
known as a statute of limitations.
For instance, in a case in Virginia District Court of Appeals
concerning a hearing on injuries received in an auto accident
filed three years after the fact was refused because Virginia
Code § 65.2-601 provides that "[t]he right to
compensation under this title shall be forever barred, unless
a claim be filed with the Commission within two years after
the accident."
While you may have this amount of time to bring a claim
on a contract, you should initiate your action as soon as
possible because some claims have a much shorter time frame
within which you must file your suit.
Your action has been legally commenced when the necessary
information has been filed with the officer who is going
to issue your warrant and the required fee paid. This commencement
will become void, however, if the warrant is not subsequently
served upon the defendant and properly returned to the court.
Type "personal injury" into The
Virginia General Assembly's Legislative Information
Web site for detail of state laws governing personal injury
and negligence.
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