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Monday, February 8, 2016

Personal Injury Lawsuit and the State of Virginia



Personal injury laws differ from one state to the next, which is why it is always a good idea to get to know these laws especially if you are traveling to a state known for having one of the highest rates of personal injuries.

Filing A Lawsuit

The first thing that you need to keep in mind when it comes to personal injury lawsuit is that there is no other way to go about it than to get the services of a personal injury attorney. This is because they are the best person to determine the intricacies of the filing process.

Keep in mind that, when filing a personal injury lawsuit, you would need to consider a number of factors including the statute of limitation. In Virginia, statute of limitation is set at two years from the date of the accident. If the case, however, involves medical malpractice or where your injuries can only become apparent after a period of time, the statue starts from the date of discovery.

Lawsuits Against the Government

In some cases, lawsuits can be brought against the government. When filing a case against the government of the State of Virginia, you are required, first, to submit a notice of your claim within one year from the date of the accident. If, however, the claim is against a city or town in Virginia, the notice would have to be sent at least six months from the time of the accident.

Damage Caps

Now, while most personal injury cases in Virginia are not subject to any damage caps, meaning there is no limit to the amount of economic and non-economic damages you can receive, the story is different if the case involves medical malpractice or if it involves punitive damages.

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