Your life can be turned upside down if you are injured in an accident, so it is a relief to know that Virginia law protects victims. However, you may encounter considerable challenges in recovering the compensation you deserve. Legal representation is critical, so please contact Hampton Injury Law PLC to set up a case evaluation with an injury lawyer in Jamestown. You may also find it helpful to review some background information about personal injury law.
When a person is injured in an accident, the cause is usually someone’s careless or reckless conduct. The legal theory of liability is termed negligence, and you will need to prove four essential elements to be entitled to compensation:
One of the most common types of negligence-based claims is motor vehicle accidents. A driver may breach the legal duty of care by speeding, texting while driving, failing to yield, drunk driving, and performing other careless acts. A victim can recover monetary damages by showing that this conduct caused a car, truck, or motorcycle crash. Other examples of negligence in Virginia personal injury claims include:
By establishing the essential elements described above, you may obtain compensation for your physical, financial, and emotional losses. These damages generally fall into two categories:
Even when you can prove the elements of a negligence case, there are limitations that may apply to your situation. The first is Virginia’s statute of limitations, which is two years from the date of the accident or incident that caused your injuries. You must file a lawsuit within this time period, or you lose your right to compensation.
In addition, Virginia follows the rule of contributory negligence, which focuses on how you may be at fault for causing your injuries. If your actions were also negligent, you could not recover any monetary damages.
Though this overview may be useful, there are many other complicated legal concepts involved in personal injury claims. Knowledgeable representation is essential, so please call Hampton Injury Law PLC right away to set up a case evaluation with a Jamestown personal injury attorney.
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