Personal Injury Litigation in Roanoke
Roanoke Personal Injury Litigation
Going through a personal injury lawsuit in Roanoke on your own can be difficult. Let our law firm assist you with personal injury litigation, determining liability, recovering compensation and protecting your rights.
How to File a Personal Injury Lawsuit
If you plan to file a personal injury lawsuit in Virginia—whether in Roanoke, Salem, Alexandria or elsewhere in the Commonwealth—a personal injury lawyer is essential. The process is designed to ensure fairness and justice, to protect the injured as well as the rights of those accused of causing injury. Legal representation is necessary for both defendants and plaintiffs.
Why is this? Even if you have a clear-cut case, certain conditions need to be proven before the court. But the incident or conditions that lead to injury are rarely by plan, so if you are injured or become sick as a result of negligence (i.e., carelessness) of another person or entity, be sure to follow these simple procedures:
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• As soon as you know you are injured, create a record of what happened. This can include writing down everything about the incident. Also, recording some evidence of what happened with photographs from a camera or your cell phone can be very useful.
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• Get names of all individuals involved. In the case of a car accident, get the name of the other driver, witness names, and the insurance company of the driver.
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• Contact police to establish an official police report (car accidents). Because Virginia is a fault state, you need to prove to the court who was negligent. A good basis for that procedure is the police report, documenting what was observed at the scene and what each party said in the aftermath. These facts might be challenged later, but the initial report is an essential element.
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• Contact an attorney. A lawyer with experience in personal injury can assess your case for its potential. He or she has the incentive to be very honest in this assessment. In Virginia, personal injury attorneys work on a contingency basis (i.e., they earn nothing if the case is not successful).
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• Do not make statements to insurance companies. The goal of any insurer is to settle quickly and cheaply. Speak first with an attorney before making any written or verbal statements to an adjuster or other representative.
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• File your claim within two years. The Virginia statute of limitations requires that you file your personal injury lawsuit against the person or entity responsible within 24 months of discovering the injury. You are advised to initiate the process sooner, however, as evidence is more likely to be intact, and you can reach a settlement earlier as well.
Contact us
Contact attorneys Harry F. Bosen, Jr. and Matthew J. Pollard online today for a free consultation, or call 540-389-6940. We will explain your rights and what we can do to help you.
Last updated: December 12, 2014