Guide to Finding Virginia Personal Injury Lawyer

What is a Personal Injury Lawsuit?

Technically, personal injury falls into tort law or civil law and results in one party become subject to injury because of another party’s negligence. These cases usually involve an individual or group suing another party to recover losses caused by physical injury or psychological damage, and compensation can sometimes extend to cover expenses such as medical expenses, property damages, suffering, loss of earnings, loss of companionship, and legal costs and attorney fees.

There are many different types of personal injury lawsuits, and many lawyers specialize in one area. The most common forms of personal injury include traffic accidents, workplace accidents, assault claims, injury within the home, product liability, and medical and dental accidents. The majority of personal injury cases involving medical accidents are referred to as industrial disease cases. These cases may include the following diseases:

• asbestos and mesothelioma

• other chest diseases like emphysema, chronic bronchitis, and chronic obstructive pulmonary disease

• deafness

• occupational stress

• repetitive strain injury

Plausible Virginia Personal Injury Compensation

There are several factors you should consider before you talk with a VA personal injury lawyer. Injury cases can sometimes become extremely complex and become drawn out for long periods of time. Sometimes it is best to avoid litigation and agree upon a settlement before the action is brought to trial. Luckily, most civil cases or tort cases are settled before the case is brought to trial, but if a party doesn’t receive proper compensation, the individual may decide to bring the case to litigation.

The biggest concern in these types of civil cases revolves around two issues: liability and limitation periods.

It almost always needs to be thoroughly determined that an employer or party responsible for the injury was negligent and failed to respond with necessary actions if a dangerous situation was pointed out. Additionally, it must be proved that the failure to address a potential hazard directly and most definitely harmed the individual or group.

A common example of liability involves the removal of asbestos. For example, a construction crew may come onto a scene to remove old parts of a house or building in order to renovate the property. If a worker points out to his employer that there is asbestos in the building, the employer must follow a strict list of procedures and future cautionary procedures to protect themselves against a lawsuit in the future. If the employer fails to follow proper procedure (such as improperly disposing of the asbestos, failure to provide proper equipment for removal, etc), an individual or group may be able to take legal action.

The second biggest concern in tort cases involves limitation periods. This term almost always refers to the example above because certain diseases and conditions associated with asbestos take years to form and exhibit symptoms. The state of Virginia has specific limitation periods, and you should discuss these limitations with your Virginia personal injury lawyer. The standard limitation period in Virginia is two years. This means a person must file suit within two years of the accident. These limitations are usually strictly enforced in personal injury cases in Virginia, but there are some exceptions:

1) The limitations period extend past two years if a medical condition or disease is realized years further down the road. This type of case usually involves disease associated with mesothelioma or similar complications. This type of extension is usually referred to as the “discovery rule,” because the disease was discovered after the limitation period but can still be directed back to a specific incident.

2) Minors can sometimes receive an extension on the limitation period in VA. If the incident occurred when they were a minor, they can argue for an extension, but the claim should still be brought to a Virginia personal injury lawyer within the first year of the accident.

Finding a Personal Injury Lawyer in Virginia

VA Personal injury lawyers often make themselves well known to the public. They often advertise through television media, newspapers, billboards, or other forms of advertisements. There is some important information to regard before working with a particular Virginia personal injury lawyer.

You should ask the Virginia personal injury lawyer if he or she charges an hourly rate or contingency fee. Hourly rates for a VA personal injury lawyer vary immensely. You want to avoid an hourly rate if you are trying to receive compensation in a personal injury case. Instead, you should have the lawyer agree to a contingency fee. This type of payment occurs only if your attorney wins the civil suit. He or she can regulate the percentage received in the contingency fee, and this part is usually entirely up to the attorney in Virginia.

Other than fees, you should consider the following options when looking for your VA personal injury lawyer as well:

• How long has the Virginia personal injury lawyer been practicing law?

• Does the lawyer mainly focus on civil cases or are they usually involved in cases apart from civil and tort law?

• Does the lawyer belong to their state’s Trial Lawyers Association or the Association of Trial Lawyers of America?

• Does the Virginia personal injury lawyer have professional liability insurance in the state of Virginia?

Virginia Personal Injury Lawyer Things to do Immediately

As you’re meeting with your lawyer or even before you meet with your Virginia personal injury lawyer, there are steps that must be taken immediately if you want to help the validity of your claim:

1) Notify your insurance company

2) File an accident report

3) File and turn in the following documents within the first few days

• File no-fault claim

• File claim of lost wages

• File claim for Virginia state disability
There are also other steps you might need to take quickly. Although you need to research to find the appropriate attorney in Virginia, it’s important to find a lawyer as quickly as possible so he or she can give you advice. The right and experienced Virginia personal injury lawyer will have a firm understanding on the time restraints you’re working with.