Alleghany County Personal Injury Lawyer

Have you suffered a personal injury and do not know what to do? Fortunately, there are available legal actions against the person who caused the injury. By bringing a lawsuit, you may be able to recover for your injuries.

Many people are familiar with criminal law but know very little about civil litigation. An Alleghany County personal injury lawyer will help you navigate your lawsuit from start to finish. Having a dedicated attorney will significantly increase your chance of a successful recovery.

The Path of a Personal Injury Lawsuit

Once an injury occurs, the victim should meet with a personal injury attorney in Alleghany County as soon as possible. An attorney will determine if the plaintiff has a legitimate lawsuit or not. If a case exists, they will likely file the lawsuit quickly.

Discovery

Discovery begins after the filing of the lawsuit. During this time, the defense attorney will request information regarding the plaintiff’s life, medical care, and injuries. The plaintiff’s attorney will reach out to the victim for this information.

The plaintiff may also be required to attend a deposition where they answer questions from the defense attorney. Plaintiffs should be prepared to discuss the incident causing their injuries, their injuries, medical care, and the effect the injuries had on their life. The plaintiff’s attorney will be there to stop any unreasonable questioning.

Settlement

Once discovery is complete, the two sides will begin negotiating a settlement. Any offer the defendant makes, the plaintiff’s attorney must present it to the plaintiff for their decision. If no settlement occurs, the case will end up in mediation, arbitration, or trial.

Arbitrations and mediations are alternative ways to settle lawsuits. A neutral third party assists both sides and works to bring them to an agreement. The injured party should attend these meetings.

When to Sue For a Personal Injury

Ideally, the plaintiff files their lawsuit right away, but that does not always happen. Unfortunately, there are time limits, known as statutes of limitations, for a plaintiff to bring their lawsuit. A personal injury attorney in Alleghany County will advise the plaintiff of the applicable time limit.

The statute of limitations length depends on the type of lawsuit and who the defendants are. Once the time expires, a plaintiff loses the opportunity to file the lawsuit. Below are the various timeframes a plaintiff has to file their lawsuit:

  • Personal Injury: A lawsuit is timely when filed within two years of the incident
  • Minors: The time limit does not start running until the child turns 18
  • Medical Malpractice: In the case of a foreign object left in their body, the plaintiff has one year from the date of discovering the object to sue. For all other medical malpractice cases, the plaintiff has two years to file their lawsuit. According to Virginia Code 8.01-243(C)(3), the statute of limitations ultimately is ten years from the malpractice date
  • Medical Malpractice and Minors: The statute of limitations pause until they reach a certain age. Children under the age of eight have until their tenth birthday to sue. A minor eight and older must file their suit within two years of the incident causing their injury.

How Could an Alleghany County Personal Injury Attorney Help?

If you plan on bringing a lawsuit for your personal injuries, you may want to use an attorney to help you through your case. An attorney will guide you through the process of a lawsuit while taking care of the legal issues that arise.

An Alleghany County personal injury lawyer understands the legal process. Hiring a lawyer will ensure you present the best case possible to the court and the opposing side. Local legal counsel will increase your chance at success, so call one for help with your personal injury lawsuit.