Personal Injury Case Primer

Personal injury cases of whatever kind, auto accident, products liability, slip and fall, or other injury, although each case is unique, have certain similarities.

In each case, the injured party known as the "plaintiff" must prove negligence by the person at fault known as the "defendant". That means that the plaintiff must prove that there was a breach by the defendant of a duty owed to the plaintiff by the defendant. For example, if the defendant is at a stop sign he has the legal duty to stop and yield right of way to all crossing traffic. If he fails to stop and collides with the plaintiff he would have breached that duty, and would, therefore be negligent.

In addition, Plaintiff must prove the extent and nature of injuries, and their value. The plaintiff must also show that the injuries are the result of the negligence.

Best results in personal injury cases are usually achieved by a systematic approach. The procedure which is followed in most cases consists of the following steps:

1. Gathering and preserving the evidence of the incident in which you were injured;

   
   

2. Gathering and preserving the evidence of the nature and extent of your injuries and of the process of healing;

   
   

3. Evaluation of the case as to the legal issues of liability, causation and damages;

   
   

4. Formal negotiation with the Defendant and/or his insurer or attorney; and

   
   

5. The initiation of litigation, if necessary.

If you find yourself a victim in a personal injury case seek legal counsel early. It is imperative that you remain in close contact with your attorney, and ensure that your attorney always have current contact information. Please give requests from your attorney top priority as many matters throughout your case are time critical. Keep your attorney advised if there is any significant change in your situation, health or treatment. Do not discuss your case or condition with anyone unless you have talked with your attorney first. Do not sign any releases or agreements or authorizations without clearing it with your attorney. Make copies of every bill, prescription or other document relating to the case and forward the originals or copies to your attorney's office.

Your attorney will need to obtain records and other information necessary to your case from each health care practitioner and institution who have been involved in your treatment. Be sure to provide your attorney a complete list of every doctor or other health care provider, clinic or hospital that has participated in your diagnosis or treatment, and include complete name, address and phone for each provider, and a note as to the role each played in your treatment.

Remember your first duty is to get well. Skimping as to medical treatment which is truly needed, is foolish. A jury will likely misinterpret "toughing it out" not as an act of courage, but as evidence that your injury is less severe than it actually is. You should return to each of your health care providers as often as necessary. Tell them all of your symptoms or complaints. If you see additional doctors, please notify your attorney immediately with full contact information. Keep a daily or weekly record of your complaints or progress. Your memory will fade quickly without such contemporaneous record. If your treatment requires any brace, cast or other special medical device, please retain the device for use as evidence in court.

Your record should include:

1. All symptoms you are experiencing;

   
   

2. The effect of your injuries on your day to day activities;

   
   

3. A record of all lost employment or school time;

   
   

4. A record of all medical appointments or treatment, and all comments by your physicians;

   
   

5. A copy of all bills for medical care and all prescriptions (always pay by check or money order and keep all receipts);

   
   

6. Any miscellaneous expenses; and

   
   

7. Any photos of your injuries, the accident scene, or any vehicle involved.

Have your own hospitalization and medical insurance pay as many of your medical bills as possible. In many cases, under Virginia law, your medical insurance has no claim for reimbursement upon your recovery from the Defendant.

Additionally, your own automobile insurance policy may have a medical payments provision under which you may have a right to an additional recovery which should be paid directly to you for use in payment of your medical bills, the costs of your case, or any other use to which you wish to put it. Please review your automobile policy carefully. Your attorney will be happy to answer any questions you may have in regard to these coverages.

In any case, you should not expect doctors and hospitals to wait until your cases is tried or settled to receive payment for the services they have provided. You should, therefore, pay any balance as soon as possible.

Most important of all get and follow the advise of an experienced attorney early in the case.

DISCLAIMER: The information provided on this page is not intended to be legal advice. It is merely background information about legal issues of interest, selected statutes and selected recent cases in the Virginia Courts. Any individual legal issue should be discussed directly with a qualified attorney who has been engaged to render an opinion.