Your Personal Injury Lawyers in Warrenton VA at Ashwell & Ashwell

How To File a Warrenton Personal Injury Claim

To file a personal injury claim in Warrenton, VA, you need to follow the steps below:

Seek Medical Care

Getting medical attention as soon as possible prevents further complications and provides evidence of the severity of your injuries. Keeping medical records, bills, prescriptions, and receipts for your treatment is crucial when proving your claim.

Compile Documentation

This documentation serves as evidence to support your claim. It helps to establish the extent of your injuries and damages you have suffered. Some key documents you need for your claim include the following:

• Medical records
• Bills and expenses
• Employment records
• Witness statements
• Photographs and videos
• Insurance information

A lawyer will know what else to include in your documents and ensure everything is in order. Make sure you reach out to one as soon as possible.

Investigate the Accident and Injuries

An investigation is crucial to determining the extent of your injuries and the liability of the responsible parties. To prove negligence, you have to prove that the other party failed to act with reasonable care, or breached a duty of care they owed you.

The following individuals may be able to provide professional opinions in this regard:

• Accident deconstructionist
• Medical professionals
• Engineers
• Economists

Serve Notice of the Claim

Formally notify the other party that you are filing a personal injury claim against them. Send them a demand letter stating the facts of your case and requesting compensation.

Begin Settlement Talks

This is where you try to reach a mutually acceptable agreement without going to court. Settlement can save both parties time, money, and stress.

Settlements do not guarantee a favorable outcome. The best way to ensure that you receive a fair settlement is to hire a Virginia personal injury lawyer.

File a Lawsuit if Necessary

If you cannot come to an agreement with the other party, you can file a lawsuit in court. You must file your lawsuit within the statute of limitations, which outlines how long you have to file your lawsuit. For personal injury and wrongful death claims, Virginia generally has a two-year statute of limitations.

Go Through the Trial Process

This step involves the following:

• Preparing for the trial
• Attending the trial proceedings
• Exploring post-trial options

Here, both parties present their case to a judge or a jury who will decide the outcome of the case. The verdict will state the liable party for the injuries and damages. It will also decide how much compensation is awarded. The losing party may appeal the verdict to a higher court.

Intricacies of Virginia Personal Injury Law

The Commonwealth of Virginia follows the contributory negligence rule. It is a strict standard. It means that if the person injured by someone else’s negligence is found even slightly at fault for the accident, they can be barred from recovering any compensation.

In some cases, injured individuals may be able to pursue punitive damages. Punitive damages represent a type of financial punishment that is used to discourage the defendant (at-fault party) from repeating their actions.

According to Virginia Code 8.01-44.5, punitive damages will be awarded in addition to compensatory damages. However, it is necessary to prove that the defendant acted with malice or that the defendant’s behavior showed a disregard for the safety and rights of others. Punitive damages are capped, meaning you can’t be awarded more than $350,000.

Although the injured person, otherwise known as the plaintiff, has two years to file the claim, in some instances, that deadline can be extended. Moreover, there may be other intricacies of the Virginia personal injury law that can apply to your situation. That’s why discussing your personal injury case with a skilled personal injury lawyer is crucial.

Aswell & Aswell: Streamlining the Process of Securing Fair Compensation

Here is what you can expect if you hire us to help you with your personal injury case:

• Initial consultation: We’ll identify the merits and challenges of your case and map the path forward, including realistic assessments of the likely timeline and costs.
• Case preparation: Ashwell & Ashwell conducts research and discovery to gather the most compelling evidence and build the strongest legal approach for the specific judge, arbitrator or others you’re likely to face.
• Client preparation: Our attorneys use their extensive experience in previous personal injury and wrongful death litigation to minimize surprises. Thanks to this thorough preparation, we walk into court alongside you, quietly confident we are both ready.
• Before the court: Count on our absolute professionalism and proven performance. And, because we know the negative way judges, arbitrators, and juries view aggressive attorneys, you can also count on us to use the power of civility to win your case greater credibility and, likely, a better outcome.
• Post-trial support: If you receive a favorable verdict, a lawyer can assist you with the execution of the judgment. A Virginia personal injury attorney will ensure the responsible party fulfills their obligations.

Our Personal Injury Practice Areas

We represent clients in the following types of cases:

• Car accidents
• Truck, commercial trucking, and motorcycle accident
• Pedestrian or bicycle accident
• Premises liability, slip-and-fall accident
• Dog bites and animal attacks
• Fatal accidents/wrongful death

Personal injury cases are time-sensitive, and evidence can diminish over time. Contact Ashwell & Ashwell, PLLC, today to discuss your injury with an experienced personal injury attorney.

Reach Out to Ashwell & Ashwell, PLLC Today

When an accident alters someone’s life—or claims it— Ashwell & Ashwell, PLLC’s compassionate and responsive team, makes all the difference in the client experience and in securing full compensation.

Our ability to work effectively with opposing attorneys and insurance companies has led to successful and favorable results for many of our clients. We are equally effective at persuading judges and juries that maximum compensation is needed and deserved when a settlement cannot be reached.

Contact our law offices today to begin your process to demand just compensation.