Virginia tort law allows people who were hurt or lost a loved one due to another person or company’s negligence to take legal action to pursue compensation for injuries and losses. Unfortunately, filing a personal injury lawsuit is often complex, and recovering fair damages can be frustrating and time-consuming.
The Mottley Law Firm’s skilled lawyers help severely injured clients throughout Virginia fight for the best possible outcome. Here’s what you should know about personal injury cases in the Old Dominion State—including when, where, and how to file a civil lawsuit—and your attorney’s vital role.
Initial Steps After an Accident
If you or someone you love suffered severe injuries because of someone else’s negligence or carelessness, filing a personal injury lawsuit and seeking justice and damages may be at the top of your to-do list. However, there are several key things to do before heading to the courthouse, including:
- Exchanging contact and insurance information with the other party, if applicable (such as after a motor vehicle accident)
- Talking to witnesses and writing down their names, contact information, and a brief description of what they saw
- Seeking prompt medical attention for injuries
- Consulting an experienced VA personal injury attorney
Filing Personal Injury Insurance Claims
Before filing a lawsuit, your lawyer conducts a thorough investigation to identify the liable individual or company, gathers available evidence, talks with witnesses, and estimates the value of your injuries and other losses. Once you’ve reached maximum medical improvement—meaning your injuries have healed as much as expected—your Virginia personal injury attorney prepares and sends a demand letter to the at-fault party’s insurance carrier, along with the necessary documentation to evaluate your claim.
At The Mottley Law Firm, we negotiate with insurers in the hopes of securing fair compensation for your damages. However, when insurance companies offer unreasonable settlement amounts or disagree that their policyholder caused the injuries in question, our trial lawyers can prepare your case for court.
Filing a Lawsuit and Navigating the Civil Court System With the Help of a Seasoned VA Personal Injury Attorney
Are you ready to take your case to trial? Here’s what you should know before filing a personal injury lawsuit.
- Suppose a person or business’s negligence severely harmed you. In that case, you must file a personal injury lawsuit within two years of the date of injury or risk being barred from seeking financial recovery. Exceptions exist for injured minors and individuals with certain disabilities.
- Your lawyer drafts the initial paperwork, known as the complaint, spelling out your case against the defendant.
- Where you can file a Virginia personal injury lawsuit differs depending on various factors, including whether the defendant is an individual or a business entity. We can help you determine the appropriate venue to file your lawsuit.
What Happens Next
The defendant and their defense attorney file an answer to the complaint, either admitting or denying its allegations. Next up is the discovery phase, when each side learns about the other’s evidence. The court sets a date for trial early in the process. A flurry of motions follows, such as a motion from the defense to dismiss the case or, if both parties agree on the facts, a motion for summary judgment. The case proceeds to trial if the various motions don’t lead to a resolution.Whatever lies ahead, you need a tenacious legal team with proven results. Put your trust in The Mottley Law Firm’s exceptional VA personal injury attorneys to provide adept legal guidance and support every step of the way.