Personal injury law involves a wide range of case types. If you have experienced an injury at no fault of your own because of someone else’s negligence, you may be able to bring a personal injury lawsuit. In this post, we discuss a number of different types of personal injury cases.

The Process of a Personal Injury Claim

Before exploring the different types of personal injury cases, it is important to understand the general process involved in handling most personal injury claims. While each case is unique, typically the following steps are taken:

Investigating the incident: Gathering evidence, interviewing witnesses, and collecting information regarding the accident or event that led to the injury.

Consulting with experts: Seeking expert opinions and evaluations to support your claim and determine the extent of your harms and losses.

Analyzing insurance policies: Reviewing all potential insurance coverage to identify possible sources of compensation.

Negotiating with insurance companies: Engaging in discussions with insurance companies to see if a fair settlement is possible.

Litigation: If a fair settlement cannot be reached, bringing a lawsuit is the next step, and you need an experienced trial lawyer to get the best result.

Common Types of Personal Injury Cases

Personal injury lawyers handle a wide variety of case types that involve unique circumstances and legal considerations. Let’s explore a few types of personal injury cases:

1. Car Accidents

A significant number of personal injury cases come from car accidents. They can happen for a number of different reasons such as distracted driving, speeding, drunk driving, or faulty vehicle components. If you have suffered injuries from a car accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, among other damages.

2. Motorcycle Accidents

Motorcycle accidents often lead to serious injuries because motorcycle riders lack the safety measures that cars have. Collisions with vehicles or hazardous road conditions can result in serious harm or even death. Personal injury lawyers who handle motorcycle accidents can help victims get justice.

3. Truck Accidents

Truck accidents can be devastating due to the size and weight of trucks involved. Factors like driver fatigue, improper maintenance, overloading, or inadequate training contribute to accidents. Personal injury lawyers experienced in truck accident cases understand the complexities involved and can help victims hold the trucking company fully accountable.

4. Bicycle Accidents

Bicycle accidents have the potential to cause serious injuries due to the vulnerability of cyclists on the road. Collisions with motor vehicles can result in life altering injuries. Personal injury lawyers who handle bicycle accident cases can help victims get the justice they deserve.

5. Slip and Fall Accidents

Slip and fall accidents often occur as a result of dangerous conditions on someone else’s property such as wet floors, uneven surfaces, or insufficient warning signs. Property owners have a responsibility to maintain their premises for visitors in a safe condition. If they don’t and someone gets hurt as a result, an experienced trial lawyer can help assist victims in getting full and fair compensation for their injuries.

6. Medical Malpractice

Medical malpractice cases involve injuries caused by medical professionals and their failure to follow the applicable standard of care. These cases often involve medical errors such as misdiagnosis, improper surgical procedures, medication mistakes, or birth injuries. Personal injury lawyers who handle medical malpractice cases are often some of the best trial lawyers because of how difficult those types of cases can be.

7. Product Liability

Product liability cases come from defective or dangerous products that cause injury or harm to a consumer. They can include defective vehicles, faulty medical devices, or unsafe consumer products (i.e., stuff you buy and expect to be safe). Personal injury lawyers experienced in product liability cases can help victims hold manufacturers and distributors fully accountable for their negligence.

8. Wrongful Death

Wrongful death is one of the saddest types of cases that personal injury lawyers handle. When a loved one passes away because of someone’s negligence or recklessness, you want justice. A good trial lawyer can help you and your family get answers and hold the wrongdoer fully accountable.

9. Dog Bites

Dog bite cases happen when someone is bitten or attacked by a dog. Owners typically are responsible for injuries caused by their pets. Personal injury lawyers experienced in handling dog bite cases can help victims pursue compensation for medical expenses, scarring or disfigurement, and emotional trauma.

10. Nursing Home Abuse

Nursing home abuse cases involve mistreatment or neglect of residents in nursing homes or assisted living facilities. Personal injury lawyers can help victims and their families take legal action against the responsible nursing home and seek full and fair compensation for injuries sustained, emotional distress experienced, and any other damages incurred.

These are just a few examples of the many types of personal injury cases that personal injury lawyers handle. Each case is unique, and it’s critical to consult with an experienced trial lawyer to understand your personal injury case and get the justice that you deserve.

Seeking Legal Help

If you have suffered an injury at no fault of your own, it is important to reach out to a personal injury lawyer. They can assist you and your family get the justice you deserve.

At RVA Personal Injury Lawyers, we handle a wide variety of cases, including:

• Car Accidents
• Bicycle Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Truck Accidents
• Slip and Fall Accidents
• Defective Products
• Medical Malpractice
• Premises Liability Cases
• Wrongful Death
• Dog Bites
• Sexual Abuse
• Brain Injury
• Nursing Home Abuse

To schedule a free case evaluation, call RVA Personal Injury Lawyers at (804) 915-1611 or contact us online.

Please note that this article is meant for information purposes only and should not be considered as legal advice.

In personal injury cases, many clients hope to reach a settlement without having to go to court. But if a fair resolution cannot be reached through settlement negotiations, it becomes crucial to litigate your case with an experienced trial lawyer who cares about you and your case. Litigation refers to the process of resolving disputes through court proceedings. Although the term “litigation” might sound intimidating, it’s important to keep in mind that most cases are still settled before reaching a jury trial. This article discusses aspects related to litigation in personal injury cases, such as how it starts, its key components, and post-trial proceedings.

When Does Litigation Begin?

Litigation starts when a lawsuit is filed with the court (known as a “complaint” in Virginia). Once your lawyer files the complaint and has it served on the defendant, the defendant’s attorney responds with an answer to the complaint admitting or denying the allegations.

The Five Elements of Litigation

To understand litigation in a personal injury case, you need to be familiar with its five main parts: discovery, motions, expert witnesses, trial preparation, and the trial itself.

Discovery

The discovery process involves the sharing of information and facts between the parties involved in the lawsuit. During the discovery phase, lawyers have the ability to request written documents or specific answers from the opposing party. This step helps gather evidence to support each party’s arguments. Discovery also includes depositions, where witnesses are questioned under oath and their statements are recorded.

Motions

Motions are filed when one party seeks a court ruling on a disputed aspect of the case. A motion hearing typically entails presenting written briefs and making arguments before a judge. Discovery motions are quite common and often involve requests for additional time to complete discovery or to compel the opposing side to respond to submitted inquiries.

Expert Witnesses

Once discovery is finished and the case has taken shape, it may become necessary to involve expert witnesses. These professionals, such as doctors or private investigators, possess expert knowledge in a certain field. Expert witnesses can play a role in supporting claims and providing testimony during trial proceedings. For instance, an expert witness in a personal injury case involving a driver might testify that driver distraction was the primary cause of the injuries.

Preparation for Trial

As a case progresses through the litigation process, the attorney begins to prepare for trial. A good trial lawyer spends a significant amount of time and energy preparing for trial.

Trial

During the trial, both sides present their cases to a jury and/or judge. They introduce evidence gathered during the discovery process and argue on behalf of their clients. Expert witnesses may be called to offer their opinions and support the arguments put forward. Once both parties have presented all of their evidence, they conclude the trial by delivering closing arguments. The jury then deliberates before reaching a verdict.

Post-trial Litigation

The litigation process doesn’t necessarily end with a verdict. After a verdict is reached, further steps are taken such as collecting any awarded compensation, engaging in negotiations, or addressing disputes related to the award. If dissatisfied with the verdict, the losing side may file an appeal.

Deciding Whether to Settle or Litigate

One of the toughest decisions in a case is deciding whether its best to settle or proceed with litigation. A skilled trial lawyer can evaluate the strength of your case and give you advice on whether going to trial is the right option.

But don’t forget that insurance companies do not do the right thing because they should. They only do the right thing when you make them, and the only way to make them is to take them to court. And too many law firms do not go to court—they take whatever offer the insurance company makes them.

If your lawyer is consistently at court winning, the insurance companies know that and will settle your case for the right result. But if your law firm does not take cases to trial, the insurance companies will never do the right thing because they know that your law firm cannot get results in court.

Please note that this article is meant for information purposes only and should not be considered as legal advice. To schedule a free case evaluation, call RVA Personal Injury Lawyers at (804) 915-1611 or contact us online.

Personal injuries can have a serious impact on you and your loved ones. If you’ve been hurt in Virginia at no fault of your own, it’s important to be aware of the time limit within which you must bring a personal injury lawsuit. This comprehensive guide by RVA Personal Injury Lawyers aims to provide you with all the details about the statute of limitations for personal injury cases in Virginia.

1. Introduction

Experiencing an injury can bring physical, emotional, and financial difficulties. In Virginia, if your injury was caused by someone else’s negligence or intentional actions, you may be able to pursue a lawsuit against them to get compensation for any damages suffered. However, you must understand the statute of limitations for personal injury claims in Virginia, so that you file your lawsuit within the required timeframe.

This guide offers an overview of Virginia’s statute of limitations for personal injury claims. We discuss topics such as the two-year time limit, potential exceptions, why taking action early is important, and why you should get advice from a Virginia personal injury trial lawyer.

2. Understanding the Statute of Limitations in Virginia

What Does “Statute of Limitations” Mean?

“Statute of limitations” refers to the timeframe you can file a lawsuit. It determines the maximum time period within which a person can legally file a lawsuit after an injury takes place. Its purpose is to ensure that cases are brought to court promptly, preserving the integrity of evidence and preventing stale claims.

In Virginia, the standard time limit for injury lawsuits is usually two years from the date of the accident or incident.

As stated in section 8.01-243(A) of the Virginia Code, “Any action seeking compensation for injuries regardless of the basis . . . must be initiated within two years from when the cause of action arises.”

This means you have a two year window to file a lawsuit seeking compensation for your injuries. If you do not initiate proceedings within this timeframe, you may forfeit your right to pursue a claim and receive compensation.

Consequences of Missing the Filing Deadline

If you miss the two-year filing deadline, it’s likely that the defendant (the party you intend to sue) will file a “motion to dismiss” based on the expiration of the statute of limitations.  Your case will then be dismissed by the court, and you will be prevented from pursuing your personal injury claim.

If you fail to meet the deadline, even if you have solid evidence against the defendant, you won’t be able to bring a lawsuit or pursue a claim. That’s why it’s crucial to know and follow the statute of limitations.

3. Exceptions to Virginia’s Statute of Limitations for Personal Injury

While Virginia typically has a two year statute of limitations for most personal injury claims, there are some exceptions that might extend the filing deadline. It’s critical that you are aware of these exceptions and that you consult with an injury attorney in Virginia to determine if they apply in your situation.

Minors and Individuals with Incapacities

Virginia law grants time for minors and individuals who were incapacitated at the time of their injury. If someone is under 18 years old or considered “incapacitated,” they have two years from when they turn 18 or regain capacity to file a personal injury lawsuit.

In cases involving minors, their legal interests may be represented by a conservator or guardian. In those situations, the representative typically has a minimum of one year from their appointment to file a personal injury lawsuit according to Virginia Code section 8.01-229(A).

Obstruction of Filing your Lawsuit by the Defendant

If the person responsible for your injuries obstructs the filing of your personal injury lawsuit, the time during that obstruction may not be included in the two-year statute of limitations. Obstruction can take various forms, such as filing for bankruptcy or using indirect methods to prevent the initiation of legal action.

Instances of obstruction could involve adopting an alias intentionally, leaving the state to avoid being served with the lawsuit, or engaging in actions aimed at preventing or impeding proceedings as explained in Virginia Code section 8.01-229(D).

It’s important to understand that exceptions to the statute of limitations depend on facts and require assessment by an experienced Virginia personal injury attorney. Consulting with a lawyer will help you grasp the deadlines and any exceptions applicable to your case. To schedule a free case evaluation, call RVA Personal Injury Lawyers at (804) 915-1611 or contact us online.

4. The Significance of Taking Immediate Action

In personal injury cases, time is crucial. Acting promptly is important for a number of reasons, including preserving evidence, securing witness testimony, and building a case.

Building a Winning Case

When pursuing a personal injury lawsuit, it is essential to collect and preserve evidence that clearly shows the defendant’s negligence and the extent of your harms and losses. This may include medical records, accident reports, photographs, statements from witnesses, and expert opinions.

Taking action as soon as possible is important to ensure that critical evidence is gathered, documented, and safeguarded before it becomes inaccessible or unreliable. Over time memories fade, physical evidence can be lost or destroyed, and finding witnesses can become challenging. By getting started on your case early, you are far more likely to be able to obtain the evidence needed to construct a strong and persuasive argument.

Preserving Evidence and Witness Testimony

In personal injury cases, evidence plays a role in establishing liability and proving the extent of your damages. Acting quickly allows you to preserve evidence like damaged property or defective products that can support your claim.

Witness testimony is also important in personal injury cases. Eyewitnesses, medical professionals, and experts can provide insights into the circumstances surrounding the defendant’s negligence and your injuries. By reaching out to witnesses and obtaining their statements early in your case, you can capture accurate evidence while bolstering the credibility of your case.

5. Why It’s Important to Have a Personal Injury Trial Lawyer

Dealing with the aftermath of an accident and the legal complexities of a personal injury claim can be overwhelming. That’s why it’s important to consider hiring a personal injury lawyer in Virginia. They can help alleviate the stress and increase your chances of getting a successful result. Here are some reasons why working with an attorney is beneficial:

Knowledge and Experience

Personal injury lawyers have knowledge of Virginia’s laws and regulations regarding personal injury claims. They are well versed in navigating the justice system and will likely have experience handling cases similar to yours.

Guidance Throughout the Legal Process

A personal injury lawyer will provide you guidance throughout the process, ensuring that your claim stays on track. They will take care of communication with insurance companies, negotiate on your behalf, and gather evidence to support your case. By entrusting your case to an attorney, you can focus on recovering from your injuries while having peace of mind that your legal rights are being protected.

Maximizing Compensation

Obtaining full and fair compensation for the harms and losses you’ve suffered is one of the main objectives in a personal injury case. A good personal injury lawyer will work diligently to maximize the compensation you deserve.

To ensure you receive the compensation you deserve, your personal injury lawyer should carefully evaluate all aspects of your damages, such as medical expenses, lost wages, pain and suffering, and future rehabilitation needs.

6. Frequently Asked Questions About Virginia’s Statute of Limitations

Is it Possible for the Statute of Limitations to be Extended?

In certain circumstances, Virginia’s statute of limitations may be extended. Exceptions include cases involving minors or individuals who are incapacitated, or situations where the defendant obstructs the filing of a lawsuit. Consulting with a personal injury attorney in Virginia is essential to determine if any exceptions apply to your case.

What if I Discover an Injury or Damages After the Deadline?

If you learn about an injury or damages after the statute of limitations has expired, pursuing an injury claim will likely be challenging. However, there are some situations where you may be able to still bring a lawsuit, such as when the discovery rule is applicable. The discovery rule allows the clock on the statute of limitations to start ticking from the date when the injury or the damages was actually discovered or when it should have reasonably been discovered. It’s crucial to seek advice from a lawyer to evaluate whether this exception might apply to your case.

Do Medical Malpractice Cases Have Statute of Limitations?

In Virginia, medical malpractice cases also have a statute of limitations. The standard time limit is two years from the date when the alleged malpractice occurred. However, there are exceptions for situations involving objects left inside the body or instances of concealment. To know the deadlines that apply to your case, it is imperative to consult with a Virginia personal injury attorney who handles medical malpractice cases.

7. Conclusion

Having an understanding of Virginia’s statute of limitations regarding personal injury claims is crucial if you have suffered injuries due to someone else’s negligence or intentional actions. Failing to file your lawsuit within the required timeframe can result in losing your right to seek compensation. By acting seeking guidance from a Virginia personal injury attorney and being aware of any exceptions related to the statute of limitations, you can safeguard your rights and increase your chances of succeeding in your personal injury claim.

Please note that this article is meant for information purposes only and should not be considered as legal advice. To schedule a free case evaluation, call RVA Personal Injury Lawyers at (804) 915-1611 or contact us online.

“You can’t get nowhere with a thousand-dollar saddle on a ten-dollar horse.”

That line comes from a story that Gerry Spence is known to share:

Uncle Slim points to a dude in the corral trying to saddle a beaten-up horse with a fancy saddle, made of black leather lined with silver. Slim turns to Spence and says, “Ya can’t get nowhere with a thousand-dollar saddle on a ten-dollar horse.”

For Spence, the thousand-dollar saddle is the expensive, but not particularly helpful, legal education. And the horse is the lawyer.

We consistently neglect the horse.

Trials are human events. To succeed at trial, you must connect with the humans deciding your case. And, for that to happen, you must be authentic and allow yourself to be seen for who you are.

And that takes real work.

For me, the work has been consistent counseling for the last decade. Those sessions have forced me to really question what I value and how I want to live my life.

I have learned that there is no such thing as “failure” provided you learn from the experience, that discomfort = growth, and that there is nothing more powerful than the person with a dream who will never give up.

Working on the horse has helped me become a better trial lawyer and a better version of myself.

It’s easy to say: “just be you.” It’s hard to actually do it.

But it is a journey that’s well worth it.

The Courtroom Deputies placed their bets.

And they got it right.

I found out after a recent trial that the Courtroom Deputies accurately predicted the verdict.

Impressive, but not surprising.

The Deputies are in court every day. They watch case after case, lawyer after lawyer, and they know what the Judge will do better than anyone else.

I have learned over the last nine years as a trial lawyer that the longer I do it, the more I realize how much I do not know and the more I realize how important it is to consider others’ point of views (which is why focus groups are essential).

Trial lawyers have egos. (You can’t do this job well without one). It takes a confident person to turn down an offer and try the case.

But, if unchecked, the ego can prevent you from considering other point of views. And that is dangerous for you and your client.

The people who decide our cases are normally not lawyers. They are good, regular people (just like the Courtroom Deputies).

And their opinions matter.

Learn from everyone, regardless of whether they have “esquire” behind their name.

There is one thing that separates good from great.

Grit.

All great trial lawyers have it.

“Great trial lawyers did not become great overnight. They are gritty individuals who often lost in their early careers and did not lose sight of the long-term goal of improving and learning from each loss. They were not easily deterred or discouraged by early setbacks and failures. They were willing to travel the long road and exert enormous effort to become great trial lawyers.”

-United States District Judge Mark W. Bennett (Ret.)

Great trial lawyers are “not afraid to die on a treadmill.”

I don’t know where grit comes from, or why some have it and others don’t.

But it’s real.

And it makes a difference (and not just for trial lawyers).

You are standing in the middle of the courtroom.

The jury is staring at you. And the judge is waiting.

What you decide to do next matters.

And it is informed not just by the few weeks of preparation you did for that case, but by that preparation AND who you have become as a trial lawyer and a person.

When you hire me, you don’t just get a trial lawyer for your case.

You get me:

Nine years in and around courtrooms.

The lessons I learned from my losses.

And my wins.

Every training I’ve attended.

All the books I’ve read.

My community.

My mentors.

Who I have become as a trial lawyer.

And who I have become as a person, a husband, and a father.

Every decision we make is informed by our experiences.

So if you are a young lawyer, seek out the experiences you want/need to accomplish your goals. If the job you are in or considering will not help you get those experiences, make a change.

Never forget this:

Early in your career, prioritize getting the right experiences over money.

You and your clients will be better for it.

If you try cases, only five things matter.

Everything else is a distraction.

1. Jury Selection

2. Opening Statement

3. Direct Examinations

4. Cross-Examinations

5. Closing Argument

That’s it.

Effective trial lawyers approach everything that they do with an eye towards those five things.

There really is no need to get lost in the pretrial “games.”

Just prepare for trial.

The other side will take notice, and your client will be better for it.

“You’re doing too much; it’s just a bench trial.”

Wrong.

A bench trial is still a trial: opening statement, direct examinations, cross examinations, and closing argument.

Judges are people too. They make decisions just like jurors, so it is in our client’s benefit to approach bench trials the same way we approach jury trials.

As such, with the exception of jury selection, the preparation and presentation for a bench trial should be the same as a jury trial.

And the other side will not be prepared for it, because they will expect that you will approach the trial like it’s “just a bench trial.”

(Bonus: The Judge will appreciate your effort and their verdict may reflect that.)