Legal Question in Civil Litigation in Virginia

Re: Bill of Particulars

It is a legal document that describes the details of why you have a legal cause of action against the other party, your damages etc. You file the original with the court and send a copy to the other party. You may be able to find examples on the web or get them from reviewing court files.

Re: Bill of Particulars

Just state every detail about why you believe you are owed the money. Be cautious about admitting or conceding anything that you don't need to.

Theoretically, anything that you don't include in your bill of particulars (in general terms, not in intricate detail) cannot be used at the trial, but no judge I know seems to even know this rule, much less enforce it. Nevertheless, you should err on the side of completeness.

There is no required format. However, in order to identify the case, it is traditional to put a "caption" at the top that identifies the plaintiff and defendant and case number and what court the case is filed in.

Make definitive statemenst. Avoid the passive voice. Be clear and precise.

Your biggest problem is going to be proving the dollar amount of how much you have been damaged. If you have already paid for the repairs to your car, medical, etc. then you can testify to your own payments that you have made from your own personal knowledge. However, if you are relying upon an ESTIMATE of what it WILL cost to repair the car, later in the future, this estimate is a professional opinion of someone with experience in the field of car repair. It's the opinion of an "expert" witness. You really need to bring in a car mechanic to testify as an "expert witness" to what it will cost to repair your car. (Note that an expert witness does not require any special training. A person who has simply spent X years fixing cars can be an expert by virtue of on-the-job experience.)

Similarly, if you have future medical costs that you expect, you would need a medical professional to testify that these future treatments are medically necessary.

As you write your bill of particulars, consider special attention to the question of how much you have been damaged.