Legal Question in Personal Injury in Virginia

Taking Beginning Steps

What are the steps that need to be taken towards beginning a personal injury action against someone?


Asked on 2/02/09, 12:43 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Taking Beginning Steps

This is really not a "Do it Yourself" project. At the very start, you need to determine any possible witnesses before memories fade. You need to establish as much information as possible about the cause of the accident (or whatever it is). Ideally, you would want to take people's deposition as quickly as possible.

Most important, you would need to document the CAUSE of your injuries and the NATURE and EXTENT of your injuries.

The biggest problem with a PI case -- which is not easy -- is proving that the accident caused your injuries.

The defense will argue that you already had the injuries before the accident. You got the injuries AFTER the accident. That the accident did not cause the injuries, etc.

That is simply because you are injured does not mean THIS accident caused your injuries (they will say).

And then you have to prove what is the dollar cost of treating your injuries, etc., etc.

You should keep a diary or log of any periods of pain or suffering, lost days from work, etc.

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Answered on 2/02/09, 4:37 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Taking Beginning Steps

The easiest thing to do is to hire an attorney to help you. The attorney can guide you through all this. Feel free to call or email me if you need further help or need a referral.

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Answered on 2/02/09, 12:45 pm


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