If You've Been Injured. . . What's the Next Step?
If you’ve been injured due to someone else’s actions, you may have a personal injury claim. These cases can be complex and lengthy, and understanding the laws surrounding them is crucial. Here’s a breakdown of what you need to know.
Filing the Claim
The appropriate venue for your suit depends on the value of your claim and where the injury took place. In Virginia:
District courts hear cases valued at less than $4,500.
Circuit courts hear cases worth more than $25,000.
Both courts share authority for cases in between these values.
A lawyer can help you choose the appropriate court for your case, ensuring it’s filed in the right venue.
Don’t Wait Too Long
You have a limited amount of time to file your claim after your injury. For most cases, the time limit is two years. However, if your injury wasn’t immediately apparent—such as in some medical malpractice cases—the clock typically starts ticking from the date of discovery.
If your claim is against the state or local governments, the time limit for giving written notice of your injury is shorter, so it’s important to act quickly.
Damages You May Receive
Damages are awarded to compensate you for losses resulting from your injury. These damages may be economic or non-economic:
Economic Damages: These include medical bills and lost wages. There are typically no monetary limits on these awards.
Non-Economic Damages: These include pain and suffering or loss of enjoyment of life. They are calculated based on how the injury affects your life, both now and in the future.
If your injuries resulted from a deliberate act intended to harm you, you might also be eligible for punitive damages. However, the state imposes limits on non-economic and punitive damages.
Virginia’s Pure Contributory Negligence Rule
Virginia is one of the few states that still uses the pure contributory negligence rule. This rule means that if you are even 1 percent at fault for your injuries, you may not be eligible for any damages. There are exceptions to this rule, and the burden generally falls on the defendant to prove you share some blame.
Don’t let this rule deter you from pursuing your claim. Consult a lawyer to see if you may still have a case despite the contributory negligence rule.
What is Discovery?
The discovery process is a critical part of personal injury cases, used to bring the true facts to light. Discovery can include:
Interrogatories: Written questions that must be answered under oath within a specified timeframe.
Depositions: Oral interviews recorded by the opposing attorney.
Medical Examinations: The defense may request that you be examined by its doctor.
This stage can be lengthy, especially if the parties disagree on what information is relevant. Additional motions may be needed to resolve disputes over discovery materials.
Reynolds Law Group Can Help
If you think you may have a personal injury claim, contact Reynolds Law Group, PLLC to help you navigate the next steps in your case. We are here to ensure that you understand your rights and get the compensation you deserve.
