How do I pay for attorney fees in a divorce?

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How will you pay for a divorce, especially if you have limited finances? This is a question pondered by some thrust into separation and divorce, while simultaneously going through personal and financial struggles.

There are a few options for financial resources, some are close at hand, while others may require closer study and consideration.

Your spouse, credit cards and bank accounts

Here are some of the sources for which one may seek funds to pay for a divorce:

  • Your estranged spouse: In Virginia, if one spouse has limited funds, and the other has higher earnings, a judge may order the spouse with higher earnings to pay for attorney fees. The court takes certain things into consideration such as income disparity, complexity of the case and whether one party has the financial wherewithal to pay the fees. The amount is likely just a portion of the attorney fees.
  • Your credit cards: Many law firms accept them as payment. However, expect your credit card debt to grow significantly, so try to make timely and abundant payments if possible.
  • Your bank accounts: Money from your checking and savings accounts are good sources. In addition, there may be the possibility to use money from a joint account.
  • Loans from your relatives and friends: If you go this route, make sure to seek help from close, understanding and non-judgmental people. They may have been in similar predicaments, so they know what it is like to be in your shoes.
  • Your retirement accounts: Divorce is one of the limited times that a person may remove money early from an IRA without having to pay a 10% withdrawal penalty. However, please remember to do this if you have no other available options. This is meant to fund your retirement.

Divorce often leads to financial struggles. Among the first is determining ways to pay for attorney fees. With careful thought, you can do so.

Realistic options exist

Granted, money is often among the top worries in divorce situations. Your marriage has come to an end, and you have concerns as to how to pay attorney fees. A few realistic options exist. In time, you will be on your way to a new beginning.

Road safety over the holidays presents challenges

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As 2021 winds down, eventually giving way to a new year, many Virginia residents will be traveling for the upcoming holidays in November, December, and January. However, that long-anticipated trip to see loved ones could result in catastrophic consequences, considering the higher number of drunk drivers sharing roads.

The dangers of “turkey day”

Somewhat surprisingly, Thanksgiving ranks highest at ninth in the top ten, well over Christmas and New Year’s Day. Over the past three years, fatal accidents numbered 1,173, with the annual average close to 400. The week leading up to the holiday occurring on a Thursday represents the peak of cars traveling along highways.

Some cite the business of the shorter week that creates tensions and impatience, not to mention frenetic shopping on the annual and traditionally chaotic Black Friday” that occurs following the traditional Thanksgiving dinner. Add to that busy roads that result in traffic jams that are made worse by motor vehicle collisions.

A new year dawning

New Year’s Day is well behind Thanksgiving but more dangerous than Christmas. The revelry combined with alcohol consumption the night before brings the three-year total to 1,079, with an average fatal crash rate in the wee hours of January 1 at 360.

For many, it is the final day of the holiday break that started on December 24, giving rise to just one more day of alcohol-fueled celebration.

Christmas presents fewer risks

Christmas is considered the safest holiday, with total deaths at 975 over three years of combined fatalities averaging 325. However, that does not mean that travelers should let their guard down while navigating busy roads.

While people are more likely to stay at home, eggnog and other cocktails could lead to drunk drivers on the road, not to mention the last-minute trips for a gift or a missing ingredient for the holiday meal.

While drunk driving numbers increase during the holidays, those traveling while under the influence are on roads every day of the year. When accidents occur, serious injuries are often the result that may require the help of an experienced personal injury attorney.

Does your motorcycle gear make you hard to see?

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Regardless of the trends and the seasons, black is always in style. Black (and other dark colors) also tend to be the colors of the safer leather gear that is widely available.

Unfortunately, between the compact size and the driver often wearing black, motorists have difficulty seeing motorcycles. Staying visible to the other drivers around you is critical to staying safe on your bike.

Here’s what you should know about making it easier to see you on your bike.

Dress for safety and visibility

Regardless of the weather conditions, you need to dress for safety when you go out on your motorcycle. For many, that means wearing sturdy materials like denim and leather to protect your arms and legs from the road in a crash.

While these materials help protect you, they can also make you difficult to see at night. Wearing a high visibility vest or other reflective clothing can help others on the road see you on your bike.

Be a visible biker

Part of the reason motorcycles are fun is because they are fast and agile. Instead of several feet of space, your bike likely only needs a few to squeeze between other vehicles.

While there are appropriate places, like closed courses, to test the speed and agility of your bike, a congested roadway can be dangerous. Your motorcycle has a smaller profile than the other vehicles on the road, and some drivers could be distracted.

As you navigate through traffic, make sure you leave plenty of space between you and other vehicles. Other drivers might need more time to see you and react safely.

Also, avoid blind spots. Your motorcycle can easily fit into most cars’ blind spots, making it difficult for the driver to see you when turning or changing lanes.

Being seen for safety

Regardless of the time of day you ride, it is essential that other people on the road can see easily see you. When you take extra steps to be seen, you can have a safer ride on your motorcycle.

Overview of the property division process in a Virginia divorce

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Property division can sometimes be one of the most contentious aspects of a divorce. If you are planning on going through the divorce process in the near future, it’s good to know what to expect so that you can prepare yourself to fight for what you most want and need out of your marital estate.

Negotiating an agreement

The first thing to know about your divorce is that you don’t have to leave the asset division process up to the court. If you and your spouse are willing and able to work together and negotiate in good faith, you have the option of hiring attorneys and negotiating your own divorce agreement that divides your property up however you see fit.

After you create your agreement, the judge will look it over. If the judge decides that it is fair, they will incorporate it into the final divorce decree. If not, they will give it back to you with required revisions to make.

If you and your spouse are unable to come to an agreement as to how to divide your assets and debts, you may have to litigate the matter in court. If so, the court will come up with a divorce decree following a set method that the Virginia legislature established.

The two categories of property

The first step that the court will take is to sort all of your property into two categories – separate property and marital property.

Generally speaking, separate property constitutes things that you had before you got married. It also includes things that somebody gave specifically to you during your marriage, such as gifts and inheritances.

Marital property, on the other hand, is anything that you or your spouse obtained during the marriage. There are exceptions to these two categorizations, but in general this is how the court will see your property. The court will categorize your debit in the same way.

You will keep all of your separate property. The court will divide the marital portion of your property after taking into account several key factors.

Among other things, the court will look at the education, earning capacity, age and health of both you and your spouse. They will then apportion your marital property and debt in a way that is fair to both parties.

While divorce is often a brutal affair, it doesn’t necessarily have to be a long one. With proper preparation, good negotiating skills and open communication, you will hopefully be able to get through it as quickly as possible, and with a satisfying result.

Common traffic violations and the Virginia demerit system

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When drivers face the criminal penalties of a significant traffic offense or see their demerit points increasing, it can often be a life-altering experience. From the loss of driving privileges and fines to potential of increased insurance premiums and mandatory driver improvement courses, Virginia motorists must take traffic violations seriously at all times.

While there are countless types of traffic violations, here are the three common categories and several infractions associated with each:

  • 3-point violations: Speeding (1-9 mph above the posted speed limit), impeding traffic, improper passing, improper U-turn, violation of intersection turns on red, driving without lights, failure to dim lights and driving with no Virginia license.
  • 4-point violations: Reckless driving, speeding (10-19 mph above the posted speed limit), passing when unsafe, failure to stop for police/fire/emergency vehicles, failure to yield the right-of-way, failure to stop for pedestrians and failure to drive on the right half of a highway or street.
  • 6-point violations: Reckless driving (speeding in excess of 85 mph), racing, passing an emergency vehicle, speeding (20 mph or more above the posted speed limit), driving while intoxicated, driving under the influence of drugs or alcohol, refusing a blood/breath test, or driving with a revoked or suspended license.

Drivers rely on the convenience of hopping in the car and quickly reaching even far off destinations. From simple chores like driving to school or completing household errands to crucial activities like commuting to work or taking a vacation, drivers often take this convenience for granted. Unfortunately, when confronted with the loss of driving privileges, even a simple task can become challenging.

It is wise to understand your options for fighting a traffic violation or getting demerit points on your license reduced.

Pedestrian Accident Attorneys in Bedford, VA

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Whether you’re walking across the parking lot, taking a jog around your neighborhood, or crossing the street at an intersection, the last thing that you expect is to be hit by a car. But pedestrian accidents are on the rise in Virginia,  and in a single year alone, there were more than 1,600 pedestrian-involved crashes in our state resulting in dozens of pedestrian deaths and hundreds of injuries.

Being hit by a car can be devastating, leaving the victim with long-term, disabling, or fatal injuries. At the law offices of the Pack Law Group, our pedestrian accident attorneys in Virginia understand the tragedy you’re facing if you or a loved one has been hit by a car. For the aggressive support you need in navigating the claims process and recovering a settlement, call our pedestrian accident lawyers today.

Top Causes of Pedestrian Accidents Pedestrian accidents are almost always preventable. If you’ve been hit by a car, our lawyers will commit to thoroughly investigating your case and determining exactly what happened and whose negligence caused your crash. Some of the top causes of pedestrian accidents include:

  • Distracted driving. A crash may happen simply because a driver is not paying attention and does not see a pedestrian as such.
  • Speeding. Speeding increases the risk of a crash, increases the stopping time for a vehicle (which can be critical in the event that a pedestrian is in front of a car), and increases the risk of loss of vehicle control.
  • Driving while intoxicated. Driving while intoxicated increases the risk of all accident types, as impaired driving means a slowed reaction time, increase risk of performing erratic behaviors, blurred vision, and other dangerous effects.
  • Performing other illegal maneuvers. There are a handful of other illegal or unsafe maneuvers that a driver may perform that increase the risk of crash, such as failing to stop at a light, failing to yield when proceeding through an intersection or making a turn, or driving aggressively.

In addition to driver negligence, other factors that increase the risk of a pedestrian crash occurring include distracted walking (e.g. using a cellphone or listening to music while walking), poor lighting or weather conditions leading to diminished visibility, and a lack of safe crossing opportunities or failing to cross at an available crosswalk. In some cases, vehicle or traffic light defects may also cause a pedestrian crash.

Injuries and Damages from Pedestrian Accidents Unlike accidents involving two passenger cars, the victim of a pedestrian crash has no protections to prevent injuries – no airbags, no seatbelt, no metal vehicle frame to absorb the force of the collision. As such, pedestrian accidents are often especially tragic. If a pedestrian crash is not fatal, it may leave the pedestrian with long-term, permanently disabling injuries.

Injuries Affecting the Upper Body Injuries impacting the upper body aren’t as common as those affecting the lower body, but they can still cause serious damage. If a victim is thrown by the vehicle or lands on the hood of the vehicle, serious or fatal injuries can occur. Again, bone fractures are relatively common in this area of the body. Broken wrists, arms, and ribs can require surgery, rest, and physical therapy. Blunt force trauma can lead to internal bleeding or other injuries that aren’t immediately visible. Internal bleeding is an extremely serious injury that can quickly become fatal if not treated immediately. Signs of internal bleeding include deep purple bruising to the abdomen, nausea or vomiting, severe headaches, numbness and tingling, and a loss of balance.

Injuries Affecting the Neck and Head When the head or neck is injured in a pedestrian accident, pedestrians are at a serious risk of lifelong damage or death. Even if an accident occurs at a low speed, a pedestrian can easily hit their head on the hood or windshield of a car. In some situations, this leads to lacerations to the face and head. Deep cuts may require surgery and leave victims with lifelong disfigurement. Some of the most harrowing of injury types that a pedestrian involved in a crash may suffer include:

  • Traumatic brain injuries;
  • Spinal cord injuries;
  • Internal injuries; and
  • Limb amputation injuries.

Other injuries include soft tissue injuries, facial injuries, bone fracture injuries, and psychological injuries. While injuries are one of the most obvious consequences of a pedestrian accident, they are by no means the only ones. Other damages a pedestrian harmed in a crash may incur include physical pain and suffering, emotional anguish and distress, diminished quality of life, loss of income and earning capacity, high medical bills, loss of consortium, and more. Our lawyers care about making sure that you are compensated for the full value of these losses if you are seriously injured in a pedestrian crash.

Who Pays for Damages After a Crash Following a pedestrian crash, it is of the utmost importance that evidence is gathered in order to determine who caused the crash. In the state of Virginia, the party who causes damages to another through a wrongful or neglectful act is liable for those damages. As such, if you can prove that your accident and injuries would not have occurred but for the actions of the driver who hit you (or any other negligent party, for that matter), such as using a cellphone while driving and speeding, then you can hold that party liable for the full value of your losses. In Virginia, drivers are required to carry minimum bodily injury liability insurance of $25,000 per person and $50,000 per accident, and property damage liability insurance of at least $20,000. You can file a claim directly against the at-fault driver’s insurance for compensation. In addition to filing a claim against the at-fault driver’s liability insurance, you may also be able to pursue a claim against your own insurance if you have certain coverage types. Note that if liability is shared amongst multiple parties–for example, the traffic light was broken, but the driver was also distracted, so both the driver and the party responsible for traffic light maintenance share responsibility for the crash–then you can bring forth a claim against each party in proportion to each party’s share of damages. Remember, though, that in Virginia, if you had any blame to the accident, you can be barred from recovery.

What Should a Parent Do When a Child is Injured in a Pedestrian Accident?

Seek Medical Care Immediately No matter how minor the accident appeared or how much your child insists that they are fine, get to a doctor as soon as possible. Adrenaline can dull the pain receptors, an evolutionary remnant that let prehistoric humans flee wild animals after an attack without having pain slow them down. Now, we rarely need that particular skill, but research shows that pain levels can get substantially worse after adrenaline levels drop. Your child’s immediate pain level does not necessarily reflect their injuries. Second, note that children may downplay their pain level for a number of reasons. Maybe they don’t want to look weak in front of other people, maybe they have something coming up that they are looking forward to, or maybe they are afraid of going to the doctor.

Save Evidence Take pictures of the crash scene, any signs that may indicate a lower speed limit or bus stop, and road conditions. Get the other party’s contact information and insurance information, as well as contact details for witnesses.

Maintain Thorough Records Keep copies of any paperwork you get from the doctor and any other medical professionals you see for your little one’s care. If you have any contact with your own insurance company or the other party’s insurance company, take notes on each call. Document your child’s pain levels each day.

Pedestrian Deaths in Virginia at an All-Time High Despite improvements in safety technologies and campaigns at the state level to reduce the number of fatal accidents, pedestrian deaths in Virginia are actually increasing. To be sure, data published by the Virginia Department of Motor Vehicles reveals that in 2017, there were 1,608 pedestrian crashes (note: this actually represents a 2.8 percent decrease from 2016). These crashes resulted in 114 pedestrians killed, and over 1,500 pedestrians injured. In 2018, though, the number of pedestrian deaths in Virginia increased to 118, according to the Insurance Institute for Highway Safety (IIHS). While data for 2019 has yet to be released, an April 2019 article published in NBC 12 News warns, “Virginia pedestrian deaths on pace for record year.”

Get in Touch with an Attorney As Soon as Possible A child getting injured is a worst-case scenario for an insurance company, so you can expect them to get in touch with you fairly quickly after the accident. Their goal is to get you to settle for a low amount and sign a liability waiver before you know the extent of your child’s injuries. You need an attorney who can protect you from these efforts and fight for the compensation your family deserves. Insurance companies are focused on making money above everything else, and they may not offer a truly fair settlement until you bring an attorney to the table. Choose a personal injury attorney with previous experience in pedestrian accidents, especially those affecting children.

What Our Virginia Pedestrian Accident Attorneys Will Do for You Following a crash, it’s important that you take action immediately. When you call our law firm, we will initiate an investigation into your crash and start gathering evidence as soon as possible. In addition to traveling to the accident scene and doing an assessment of all evidence gathered, we will hire experts who can work on your case as well, such as accident reconstruction experts. We’ll also handle bringing forth your claim and a demand letter, calculating your damages, and reviewing and negotiating your settlement. If you’re hit by a car, you’re likely facing serious financial losses and long-term harm. For help recovering the compensation award that you deserve, please call our law firm directly today or send us a message requesting a free consultation. You can reach us at 540-586-7225 – our phones are answered 24/7.

How Contributory Negligence Works in Virginia

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contributory negligence

When you suffer an injury because of someone else’s negligence, you may consider recovering your financial losses with a personal injury claim. This may be a bit more challenging in Virginia due to the state’s contributory negligence statute, which makes it harder for a victim to receive compensation if there’s any evidence that they are partially at fault. As a result, it is crucial for an injury victim to talk to a personal injury lawyer before they discuss their injuries with the insurance company or any other involved parties.

Ready to take the first step in your personal injury claim? Choose Pack Law Group. Call 540-586-7225 to schedule a consultation now.

What is Contributory Negligence?

In the United States, there are a few different rules that determine a victim’s right to compensation in a personal injury case. The most common is comparative negligence. If an accident victim has partial responsibility for an accident, their compensation is decreased in proportion to the amount of liability they have. States with partial comparative negligence rules prevent a victim from recovering compensation if they have 50% or more responsibility for their own injuries.

The other is pure contributory negligence, which is utilized in Virginia. Under contributory negligence statutes, a victim of an accident cannot recover any compensation if the court finds them to be at all responsible for their injuries. This obviously makes it very difficult for accident victims. Even if you’re involved in an accident that is clearly the other driver’s fault, it’s likely that there’s something you could have done to lessen the damage. Many believe that this statute essentially punishes victims for their own injuries.

Changes in Contributory Negligence Over Time

While Virginia has not yet gotten rid of these laws, the courts have clarified contributory negligence over the decades. While the law sounds harsh—and in many ways, is harsh—the courts have ruled in favor of victims in many individual cases. Even if the plaintiff has some fault, they may still be able to receive compensation if the defendant had the last obvious opportunity to avoid an accident but did not act on it. This has given victims a little bit of breathing room when their cases go to court.

Consider the recent case of Coutlakis v. CSX Transportation. A man was killed while walking along railroad tracks, unaware of an oncoming train because he was listening to music in his earbuds. The transportation company argued that the man was negligent up until the moment he was struck, so the “last chance” doctrine should not apply to them. The court found that the man did not know he was in danger, but the conductor saw him and should have taken action to avoid the accident.

How This Affects Your Settlement Options

This applies to cases that go to court, but as you may know, most personal injury cases are settled outside of court. How does this affect you during negotiations? First, know that insurance companies might be less flexible in contributory negligence states than they are in comparative negligence states. Even if it is clear that their client caused an accident that led to your injuries, they may have less motivation to settle if they believe they can prove that you also contributed to the accident.

This is why it’s so important to reach out to a personal injury attorney as soon as possible after an accident. The insurance company will try to get to you first—if they can get you to agree to a recorded statement, they have the opportunity to find ways to pin some blame on you and decrease or deny a settlement entirely. You need an advocate whose only priority is what is best for you. An experienced Virginia personal injury attorney will be able to sort through the evidence and fight for your right to compensation, even in light of Virginia’s contributory negligence law.

Reach Out to Pack Law Group Today

The sooner you connect with Pack Law Group after an accident, the sooner we can start fighting on your behalf. Personal injury claims can be tricky in Virginia, and you deserve an attorney willing to do what is best for you. Set up a meeting with our team now by calling us at 540-586-7225 or reaching out to us online.

Common Internal Injuries That Result From Accidents

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internal injury attorneys

The moments and hours after a car accident can feel like a whirlwind. Between calling the police, assessing the damage to your car, and checking on your passengers, you may not even notice your own injuries. This is especially common with internal injuries, which aren’t always immediately obvious.

Unfortunately, these injuries can also be fatal if they aren’t identified and treated in time. Learn more about internal injuries, symptoms to watch out for, and your next steps. For more personalized advice regarding your claim, call Pack Law Group at 540-586-7225.

Brain Bleed

You may suffer a brain bleed from an open or closed head wound. An open head wound can obviously place pressure on the brain and leave you at risk of infection. However, you can also suffer a brain bleed from a closed head wound that isn’t immediately apparent. Blunt force trauma can cause the brain to hit the inside of the skull, leading to swelling and bleeding. Subsequently, the brain does not have access to the oxygen it needs. Even short periods without oxygen can leave accident victims with permanent brain damage.

Broken Ribs and Pneumothorax

The ribs can break fairly easily in a car crash, even one that occurs at a low speed. In some cases, broken ribs can heal on their own with a long period of rest and recuperation. The worse outcome is when the broken rib moves out of place and punctures a lung. The lung deflates and pushes air out into the chest. This condition can be fatal, and often requires needle aspiration, a chest tube, or surgical treatment.

Internal Bleeding

Internal bleeding is one of the most dangerous outcomes of a serious car accident. Damage to any of the organs can cause blood to leak into the body’s cavities, putting you at risk of death. Unfortunately, fatal bleeding is rarely immediately visible, so victims may not know that they need medical care until it is too late.

Ruptured Spleen

One condition that often leads to internal bleeding is a ruptured spleen. Blunt or penetrating trauma to this organ can lead to permanent damage. Depending on the severity of the injury, it may require surgical repair or removal.

Other Organ Damage

While damage to the lungs and spleen may be more common in accidents, any organ can be injured in a car collision. Your organs are prone to serious damage, whether from a penetrating injury or blunt force trauma. The outcome for each different type of organ injury depends largely on the organ’s function, how quickly the injury is identified, and how promptly you receive treatment.

Common Symptoms

Since internal injuries aren’t always visible to the naked eye, it’s important to take note of your symptoms and know when to seek medical treatment. Some common signs of an internal injury include:

  • Blood in your urine
  • Sudden changes in mood or behavior
  • Inappropriate or atypical outbursts
  • Dizziness
  • Fatigue
  • Blurred vision and slurred speech
  • Pain in the muscles
  • Low blood pressure
  • Bloody vomit
  • Limit joint movement
  • Deep purple bruising around the abdomen

Many of these symptoms are also commonly reported after mild injuries, which makes it difficult for victims to know whether or not something is serious. The solution is to seek immediate medical care after any car crash. Without a strong medical background and the proper diagnostic equipment, you simply cannot know if your injuries are mild, moderate, or life-threatening.

Going to the doctor cannot hurt. If your injuries are mild, you’ll only have lost whatever time it takes to get checked out. If your injuries are severe or life-threatening, you are able to get treatment promptly, improving your prognosis.

Not sure what to do after suffering an internal injury? Your personal injury attorney can help you navigate the process of fighting for compensation. If your accident was caused by someone else’s negligence, you may be entitled to compensation.

Choose Pack Law Group for Your Personal Injury Claim

If you or someone you love has been injured in a car accident, we can help you through your personal injury claim. If someone else caused your injuries, you shouldn’t be left with a stack of medical bills, no income, and lingering injuries. Set up a consultation now by calling us at 540-586-7225 or reaching out to us online.

Personal Injury Risks At the Beach This Summer

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beach injuries in Virginia

It’s almost summer, and that means it’s time to hit the beach. However, the same risks you face in daily life are still present when you’re on vacation. On top of that, you have to plan for the unique dangers at the beach. Virginia is known for its beautiful beaches, and in particular, the city of Virginia Beach welcomes over 19 million tourists each year. Planning ahead for your trip can help you stay safe and make the most of your vacation.

Have you been injured on a once-in-a-lifetime beach vacation? We can help. Call Pack Law Group at 540-586-7225 to schedule a consultation.

Boardwalk Injuries

Virginia Beach is known for its amazing boardwalk, but boardwalk fun comes with its own injury risks. Boardwalks see an enormous amount of foot traffic, which can cause walkways to wear down and become uneven. This may lead to slip and fall accidents. Additionally, a boardwalk’s proximity to the water can add to the risk. Boardwalks can easily become slippery and pose serious dangers to pedestrians, particularly those who are disabled or elderly.

Dangerous Water Conditions

Water is inherently unpredictable, and beach conditions can change in a moment. Rip currents can drag swimmers away from the shore to much deeper and more dangerous waters. Drowning and near-drowning injuries are not uncommon in beach settings, which is why it’s so important to pay attention to posted signs and notifications from lifeguards.

No matter how strong of a swimmer you are, make sure you’re wearing proper protective gear while swimming out from shore. If you are swimming with children, plan for the worst and ensure that they are wearing Coast Guard-approved protective gear.

Of course, the water itself isn’t the only danger here. Aquatic life can be dangerous, especially if its habitat is threatened. Jellyfish stings, bites from aggressive aquatic life, and coral gashes can all leave victims with serious and painful injuries.

Lacerations

In an ideal world, everyone would dispose of their trash before leaving the beach. In the real world, people are known to dispose of their beer bottles and other items for other people to clean up. Broken glass and other items can hide in the sand, waiting to leave victims with deep lacerations on their feet. Serious damage to the feet can cause nerve damage and chronic pain, making this a major threat for pedestrians.

If summer is your favorite season, don’t be afraid to hit the beach and make the most of the kids’ time off of school. But do spend some extra time learning about the risks of your chosen vacation destination and making sure you have the right protective gear. Just a little bit of preparation can save you the stress of a personal injury.

Turn to Pack Law Group for Help with Your Personal Injury Case If you’ve suffered a beach injury while on vacation, you may wonder what your next step is. The team at Pack Law Group can help you pursue a personal injury claim to recover compensation for your losses. To get started, call us at 540-586-7225 or get in touch with us online

Understanding the Discovery Process in a Personal Injury Case

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discovery process

If your personal injury case is one of the few to make it to court, you’ll want to get familiar with court proceedings and pre-trial preparation. One of the most time-consuming parts of trial prep is discovery, during which your attorney gets access to evidence and talks to involved parties to focus their case as much as possible.

If you have been injured in Virginia because of someone else’s negligence, you may be entitled to compensation through a personal injury claim. Learn more about your options now by calling Pack Law Group at 540-586-7225.

The Goal of Discovery

During discovery, both sides strive to get as much information as possible about the other side’s evidence and claims. Throughout the process, both sides gain access to the information they need to build their claims.

The goal of discovery is to figure out just how strong the other party’s case is, uncover holes in their case, and find areas where you can make your case stronger. It also allows your attorney to use their time more effectively while building your case. If they can get the other party to admit to certain claims, they do not have to spend lots of time proving that claim.

There are several discovery tools your attorney might use to get the information they need.

Interrogatories

Interrogatories are a good way to get the basic facts of the case and uncover discrepancies between different individuals’ retelling of events. In an interrogatory, one party in the lawsuit will write a list of questions and submit them to the other party. The other party will submit a list of written answers. This tool typically covers basic parts of the case, such as which injuries the victim suffered, the medical treatment they have received, their medical history, how the accident occurred, and the names of everyone involved.

Requests for Production

Tangible documents are a crucial part of every court case. They provide evidence supporting the claims made interrogatories and depositions, and in some cases, they can actually disprove the other party’s claims. In a personal injury case, an attorney might request documents like:

  • Medical documents
  • Insurance policy documentation
  • Photos from the scene of the accident
  • Repair quotes or bills
  • Medical bills

If a document is requested, the other party must produce it.

Requests for Admission

A request for admission addresses specific claims related to the accident and damage caused by the accident. One party writes a factual statement and submits it to the other party. The other party must admit to, deny, or object to the facts in the statement. This tool is often used to uncover important details about an accident, since these details may be forgotten when giving a broader statement or retelling.

An admission can also be helpful in allowing your attorney to focus their efforts. For example, if they can get the other party to admit that they were texting at the time of the car accident, that fact will be accepted as truth in court. Your attorney doesn’t need to spend more time subpoenaing phone records or otherwise trying to prove that claim.

Depositions

While an interrogatory allows parties to give written responses to questions, depositions are verbal question-and-answer testimonies. Although depositions happen out of court, deponents are required to answer questions truthfully and fully. Depositions are either recorded or transcribed by a court reporter, and the information given during a deposition may come up during trial. The answers given during a deposition might be used to support or dispute a witness’s testimony during the case.

Discovery can often take months, making it one of the longest parts of the legal process. However, the information uncovered during discovery is essential in making your case as strong as possible and helping you get the compensation you deserve.

Start Your Virginia Personal Injury Claim with Pack Law Group If you have sustained injuries because of someone else’s negligence, you shouldn’t have to cover the financial losses on your own. A personal injury claim may help you recover the compensation you are due. Learn more about your options now and set up a consultation by calling Pack Law Group at 540-586-7225 or contacting our team online