If you were hurt and someone else is to blame, you might be entitled to seek financial compensation from them by filing a personal injury claim. If you’ve never pursued a personal injury case before, you might not know what to expect or what steps to take as you seek justice.
A Virginia personal injury attorney from the law firm of Marks & Harrison can explain the civil litigation process to you and help you more effectively fight for the money you’re owed. Contact us today for a free consultation.
When you have been in an accident that resulted in injuries, and you wish to seek compensation, there is a process for filing your personal injury lawsuit. The steps in that process are:
Find Out Who Was Responsible for the Accident That Caused Your Injuries
First, you must identify the parties at fault for causing your injuries. For example, in a motor vehicle accident claim, you’ll usually need to determine which road users caused the crash. But in addition to pursuing a personal injury claim against those directly responsible for causing your injuries, you could also have a claim against other parties who were indirectly responsible.
For example, if the person at fault for your injuries caused the accident while carrying out their job-related duties, you could also pursue a personal injury claim against the at-fault person’s employer under the theory of vicarious liability. Or, if you suffered injuries in a car accident caused by a driver who borrowed the car from someone else, you could have a claim against the car’s owner under the theory of negligent entrustment.
Gather Evidence from the Scene – Who, What, Where, When, How, Etc.
Next, you’ll need to investigate the circumstances that led to your injuries to obtain the evidence necessary to prove your case in court. The specific types of evidence you need will depend on the type of personal injury case you have. Common examples of evidence you could recover for your personal injury lawsuit include:
- Police accident reports
- Business incident reports
- Accident scene photos
- Dashcam videos
- Surveillance or traffic camera videos
- Eyewitness testimony
- Toxicology test results
- Cell phone and GPS records
- Accident reconstruction expert reports
- Engineering expert reports
- Medical records
If you’re too hurt or busy to collect this information yourself, don’t worry. Our dedicated personal injury lawyers can handle all aspects of the investigation into your case, including scouring the scene for evidence, interviewing eyewitnesses for statements, and locating hard-to-find records.
Have Your Injuries Evaluated by Medical Professionals
If you suffer injuries in an accident, you should seek prompt medical attention to have a healthcare provider diagnose, treat, and document your injuries. Obtaining a prompt diagnosis for your injuries can strengthen the connection between your injuries and the accident that caused them. Importantly, doing so also creates official documentation of your condition in the form of medical records, which are essential in any personal injury case.
Get Medical Care and Rehabilitation
Be sure to follow through with your treating doctor’s care plan and treatment instructions. Delaying recommended procedures or rehabilitation exercises could worsen your injuries, which might jeopardize your personal injury case. If you aggravate your injuries due to a lack of treatment, an at-fault party could argue that you failed to mitigate your losses and should not recover full compensation as a result. In addition to preserving your legal rights, prompt treatment will help you recover more quickly and provide the best prognosis for your injuries.
Have Your Recovery Reviewed by Your Doctors
You should regularly check in with your doctors regarding your recovery progress. After suffering injuries in an accident, your employer might pressure you to return to full duty. However, you should follow your doctor’s recommendations on physical limitations. If necessary, you should also obtain the documentation you need to request time off work or transfer to a part-time or light-duty role.
Work with Your Attorneys to Determine How Much Compensation You Deserve
Your personal injury lawyer can review all the facts in your case to estimate what fair compensation should look like. Some injury victims focus on recovering money for their prior and ongoing expenses but forget about pursuing compensation for projected future needs. An experienced personal injury attorney can help you demand a settlement or court judgment that includes adequate compensation for your future.
Your lawyer can work with medical, vocational, and financial experts to calculate these future losses and seek fair compensation accordingly. Remember, once you settle a personal injury claim or win a trial award, you cannot demand more money from the liable party in the future, even if you incur additional expenses related to the same incident.
Negotiate a Settlement
Most personal injury claims end in settlements rather than going to trial. Settlements can benefit both sides in a personal injury case because they provide the injured victim with the money they need sooner and eliminate the risk of an expensive and time-consuming trial for both sides. You and your attorney could pursue an informal settlement by directly negotiating with the at-fault party or parties or participating in a more formal negotiation process with a mediator.
If a Settlement Can’t Be Reached, Go to Court
Some personal injury cases must go to court when the parties cannot reach a mutually agreeable settlement. A personal injury attorney can guide you through the complex rules and procedures of trial litigation and persuasively advocate for you in court.
Receive Your Compensation
Finally, when your attorney helps you resolve your injury case, you’ll need to collect the compensation you’ve won. Most payouts are disbursed as lump-sum payments, where the entire amount is paid at once, or structured settlements, which involve periodic payments over a specific timeframe. The right method for you could vary depending on factors like the size of the award and your preferences or needs. A qualified attorney can help you negotiate the most suitable compensation arrangement.
