In a personal injury case in Virginia the plaintiff (which is the injured person) must prove that their injury was caused by the carelessness or negligence of another person. If the plaintiff was at fault AT ALL then they will not get any comensation due to Virginia’s law of contributory negligence.
Expert testimony is often needed to prove some parts of your case to the jury. Usually you will need an expert to prove things that are beyond a layman’s knowledge. This may include showing how badly you were injured and how your ability to be employed is been handicapped.
We like to file suit as quickly as possible. In large cases the insurance company will always use delaying tactics to wear down the plaintiff so they will take less then they deserve. So there is no point in waiting until the statute of limitations is abut to run out. Some lawyers have problems because they wait too long to file and there are problems with their case that can’t be fixed in time.
After the lawsuit is filed then both sides start a legal process called discovery. Each side is allowed to investigate what the other side will say at trial. The defendant will get access to your past work and medical history and income records. The plaintiff will have to go under oath and give a deposition, and may also be required to get examined by a doctor of the defendant’s choice.
The defendant will also have to go through discovery in a similar fashion, with an investigation of their background and providing a sworn statement about what happened.
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