What is a Personal Injury Claim?
A personal injury claim is when you get injured by someone else’s negligence or carelessness, this way, you are going to file a lawsuit against the person to ask for the expenses you have bared. The other party will compensate you with all of the things you have been affected with, for, E.g., Medical expenses, automobile expenses, or etcetera. This usually happens when the case is serious, and the injury comes out too severe.
Filing a Personal Injury Claim
Filing a personal injury claim can be a routine process in court. Although, it depends on which Court you are heading towards too since there are District and Circuit courts in the state of Virginia. Usually, after getting into motorbike accident, people go to file for a personal injury claim. If you think you have a good chance at winning the case, your chances will surely go more up if you hire an attorney. Even if you have lesser chances of winning the case, do contact an attorney for better chances of winning the case.
How to file a Personal Injury Claim?
Going to the Court, whether District or Circuit, you need to make sure of yourself that you are going for the legitimate reason. Fighting a case in the Court can be expensive and time taking for you. The first step you are going to take is to hire the lawyer. All of these personal injury claim cases go to the State Court. Can it be moved to the Federal Court? Well, yes. When the person is not from the same State, the case goes to the Federal Court, and the further hearing will be happening there. There are different Court systems in Virginia, and you have to decide where you want your case to be filed. You need to opt for a trial court first from the following;
- General District Court – up to $4,500
- General District Court & Circuit Court – Concurrent Jurisdiction $4,500 – $25,000
- Circuit Court – More than $25,000
Once you decide where you are leading your case too, you must select the Court that can implement personal jurisdiction. Moreover, the General District Courts are divided into 32 districts, whereas, the Circuit Courts are divided into 31 Circuits. You must go for the case in the same district where the accident or injury took place, or you can take it to the Court where the defendant lives.
Things to Remember while Filing Your Lawsuit
When you are done with all the papers and filings, next step is to contact the clerk for the necessary papers.
Name the Defendant: if you are dealing with the person who is not from the same state or you are not aware of the person, then you should grab the correct information of that person. If you are unable to get the information about the person, then you can file the case with “John Doe” defendant. Once the identity is known, you will revise the complaint.
Conscripting the Complaint: You need to clarify all the facts and mention everything in the lawsuit. What kind of act led towards this kind of messy situation? Questions like these, if you ask yourself will make the way clear for you to explain the incident better.
Serving the Defendant: You won’t be able to complete the filing if you serve notice on the defendant and record that service with the court. The court is responsible for that and will arrange you an officer to assist your defendant with the modest fee.
All the process is very crucial from the beginning to the end. You cannot bear any mistake in the process or be ready to lose your right to ask for a personal injury claim. Your case can be dismissed, and you will not be allowed to refile the case again. Moreover, you even lose the right to ask for any kind of compensation. So, whenever you file for the personal injury claim, follow everything properly.