If you have been injured in Richmond, be sure to take steps to protect your rights to the fullest extent of the law. Richmond’s personal injury laws require certain steps involving the reporting of the incident, obtaining medical care, and gathering evidence regarding your injury.
Personal injury claims in Richmond have deadlines that must be adhered to. For instance, Virginia law states that personal injury cases carry a two-year statute of limitations for filing a lawsuit beginning from the date of the injury, as stated in Virginia Code § 8.01-243. Missing the deadline will bar you from claiming any compensation for your injury.
A qualified Richmond personal injury lawyer will help you navigate these important requirements.
This guide will identify what steps you need to be sure to take right after you have been injured. You will learn about the steps to take with respect to documenting the injury, speaking with witnesses, seeking medical treatment, and protecting your legal claim.
Steps to Take Right After You Have Been Injured in Richmond
1. Seek Immediate Medical Attention
The first thing to do is to seek medical attention as soon as possible. Your health is paramount! You should seek a doctor’s care or go to an emergency room if necessary. Even if you feel your injury is minor, some issues do not manifest until days later.
You also need a medical record to document that you have indeed sustained an injury and to appropriately link the injury to its cause. This is important; without adequate documentation, you will have a difficult time demonstrating that an injury actually occurred or that it was related to the accident.
2. Document the Injury and Accident Scene
Record your memory of the accident:
- Date, time and accident location
- How the injury occurred
- Weather and lighting conditions
- Equipment, vehicles, and people involved
Take pictures or videos of the accident scene, your injury, and anything else that might show what caused the injury. Use your cell phone to take good, clear pictures and try to obtain some of the images from various angles.
3. Report the Accident
If your injury occurred at work, you should report it to your employer as soon as possible. By reporting your injury, it is documented and may be the basis for a claim for workers’ compensation.
If the incident involved a motor vehicle accident or an injury in a public place, notify the police. Obtain a copy of the police report since it is an official record of what occurred. Virginia Code § 46.2-373 requires that you report certain motor vehicle accidents to the DMV within five days.
4. Find Witnesses and Get Their Information
If you had any witnesses to the injury, obtain their names and contact information. Witnesses may give a statement to support your side of the events. After obtaining the statement, document their account of what happened as soon as you are able.
5. Don’t Give Statements or Sign Anything Immediately
After your injury, there may be contact from the insurance company or the other party shortly after the injury. You should not give any statements or sign documents until you have spoken to an attorney. You should consider that what you say may be used against you later.
6. Keep Track of Expenses and Lost Income
Keep all medical bills, prescription costs, therapy fees, and all other expenses related to your injury. Keep notes of the time, if any, you miss from work and if you lost income because of your injury. The expenses and lost income will be important in calculating damages if you bring a claim.
7. Know the Statute of Limitations
You have two years from the date of the accident to file any lawsuit for personal injuries, under Virginia Code § 8.01-243. If you wait beyond two years, you will likely lose your right to file a claim.
Some claims, like those for injuries involving a government entity, have shorter limits and may require specific notices. Be sure to identify what limits and notice requirements apply to your injury and be quick about it.
8. Protect Your Rights – Get Legal Help Early
While this guide cannot provide you legal advice, getting an attorney in Richmond to represent you as soon as practicable can maximize your chances of success. Attorneys know how to collect evidence and to deal with insurance companies.
Summary of Immediate Steps After Your Injury in Richmond
- Seek medical attention right away.
- Document everything about the accident.
- Report the injury to employers or police as required.
- Get witness information.
- Don’t give recorded statements or sign forms without advice.
- Track expenses and lost income.
- Know the two-year deadline for filing claims.
- Consult a lawyer early to protect your claim.
Following these steps will help you protect your legal rights after a personal injury in Richmond.
