Filing a Virginia Pedestrian Accident Case 

Filing a Virginia pedestrian accident case can be a difficult process to undergo alone. There are many important considerations to take into account when deciding when and where to file a case. If you are considering filing a case, speak with to an experienced pedestrian injury attorney about these considerations and how they may impact your case.

Steps Involved in Filing a Claim

Filing a claim with the insurance company involves providing the insurance company with certain information as to how the incident occurred, who was involved, and what the injuries were. This is the first step in making sure that the insurance company has notice of a potential insurance claim. This should be done in all cases.

Filing a Virginia pedestrian accident case the local court of competent jurisdiction should be handled by an experienced personal injury attorney who practices in pedestrian matters. Individuals should never engage in this type of action on their own since a lawsuit is highly technical. Defense attorneys are very competent in protecting a person’s interests and rights. Filing a lawsuit without an attorney could harm a person’s claim.

Determining Where a Pedestrian Accident Case Will Be Filed

There are jurisdictional limits for all different types of courts. Determining what court is appropriate for filing a case is something an individual should discuss with an experienced pedestrian injury attorney about. Generally, in the Commonwealth of Virginia, a pedestrian accident case will be filed in the local district court, i.e., the general district court or the juvenile and domestic relations district court if it involves a juvenile if the amount in controversy (or the amount demanded) is $25,000 or less.

If the amount demanded is $25,000 or more, then the circuit court has exclusive jurisdiction overhearing the case and it will be filed in the local circuit court. However, if the case occurs on federal property, has other federal law issues, or is a diversity issue, that may bring it into federal court. The case may be originated in the local US District Court for the relevant jurisdiction.

Statute of Limitations in Personal Injury Cases

The statute of limitations for personal injury cases in the Commonwealth of Virginia is generally two years from the date of injury. The statute of limitations is a pretty significant period of time in which to investigate a case and figure out what the appropriate way to proceed with the case is. There are various considerations on why an individual would want to wait to file a case.

Considerations Before Filing a Claim

Filing a Virginia pedestrian accident case with the court may be seen by some individuals as a first step but typically it is the last resort. Attorneys want to make sure, as they are developing the case, that they have received accident information from the insurance company and taken witness statements. Lawyers might also want to ensure that the accident victim has potentially finished or is nearly completed their medical treatment, and so on.

Parties may want to wait to file a case to see if they can resolve the case without the necessity of bringing an actual case before the court. Courts can become expensive for a variety of reasons including filing fees, expert witness reports, expert witness depositions and the like. There are a lot of different reasons why an individual would want to wait if at all possible, to see if the case may resolve through non-litigation matters also known as alternative dispute resolution.

What Happens Following the Filing of a Case?

After filing a Virginia pedestrian accident case, there are a variety of pretrial motions (to compel certain actions by the parties), possible motion for summary judgment, and scheduling conferences that occur in the actual courthouse. Other case-related proceedings, called discovery, is handled outside of court.

This would include Interrogatories (written questions to opposing party which need to be answered under oath), possible Request for Admissions (typed statements which the opposing party is required to admit or deny under oath), possible Request for Productions of Documents (requesting certain documents be furnished by the opposing party), and depositions of each party, witnesses and designated experts.