Will The Police Report For My Auto Accident Help Or Hurt My Case? Will My Personal Injury Attorney Have Access To Any And All Police Reports?
The personal injury attorney will have access to any and all police reports, which can help or hurt a case. If the reports support what the plaintiff has told their attorney, this will help the plaintiff’s case and confirm that they are being honest. If the reports are inconsistent with what the plaintiff has told their attorney, this could hurt their case; if and when the police officer testifies under these circumstances, they will be testifying against the plaintiff’s version of the accident.
In some cases, a police officer will get the facts of the case from only one party. This usually occurs when the other party is taken from the scene by ambulance. For this reason, police reports are not always 100 percent accurate, but instead reflect only one side of the story. This is where witnesses can play a particularly important role.
What Can The Plaintiff’s Attorney Do If The Police Report Is Inaccurate Or Omits Important Information?
If the police report is inaccurate or omits important information, the plaintiff’s attorney can call the police officer and explain what happened. Frequently, police officers will follow up with the party who provided the information documented in the police report, and make changes to the report as necessary.
If I Was Partially At Fault For The Auto Wreck That Caused My Injuries, How Will That Impact My Personal Injury Case And Possible Settlement?
Virginia is one of only two contributory negligence states, which means that if a party was negligent whatsoever, then they lose their claim. However, in operation, that law is not observed anymore, so being slightly at fault for an auto accident generally won’t be held against the individual.
What Is The Statute Of Limitations For Filing A Personal Injury Claim After A Car Accident In Virginia?
In Virginia, the statute of limitations for filing a personal injury claim is two years for adults; for someone who is under the age of 18, the statute of limitations is two years from the day they turn 18, and for someone who has a disability, the statute of limitations is extended until the disability is removed.
Have There Been Any Extensions On Statutes Of Limitations Due To COVID-19?
Despite COVID-19, the statute of limitations for personal injury cases is still two years.
How Important Is It That Medical Attention Is Sought Immediately Following A Car Accident, And That The Injury Is Properly Documented By A Medical Professional?
It’s very important that medical attention is sought immediately, and that the injuries are documented by a medical professional; this will serve as verification of the plaintiff’s injuries, and demonstrate that the injuries were serious enough to warrant medical treatment.
Will The Other Driver’s Insurance Company Have Access To My Past And Present Medical History, And Could That Information Impact My Case?
The insurance company will have access to medical records pertaining to previous injuries, and pertaining to the accident in question. In addition, they can take depositions from the medical providers who provided the medical treatment.
What Is My Responsibility, If Any, In Notifying My Insurance Company And The At-Fault Party’s Insurance Company Of The Accident And My Injuries?
A person is generally required to notify their own insurance company of an accident and any injuries sustained as a result of the accident. If an individual plans to make a claim against the at-fault party’s insurance company, then it would make sense for them to notify that insurance company as soon as possible; this would preclude that insurance company from arguing that since they failed to report their injuries promptly, the claim is false.
For more information on Auto Accidents In Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 905-9743 today.