When you are injured in an accident, your life is turned upside down. You could incur astronomical medical bills and miss work, and the pain and suffering can be unbearable. Virginia law does allow you to seek compensation from the responsible party, but the legal process can be complex. There are challenges in filing a claim with an insurance company, and even more complications involved with going to court.
You put your rights at risk unless you retain an experienced lawyer to protect your interests, so please contact Hampton Injury Law to speak with a Newport News injury attorney. You can also read on for some important information on how personal injury cases work in Virginia.
There is an infinite number of causes of personal injury accidents, but they typically share a common factor: They happen because someone was reckless or careless, which in legal terminology is negligence. There are four sets of facts you must prove to recover monetary damages, including:
Negligence is the basis for almost all types of incidents that cause injuries, such as:
When negligence causes fatal injuries, you may have the right to seek monetary damages through a wrongful death claim. Family members and other individuals can recover compensation by proving the same four essential elements, except that the victim died instead of merely being injured.
There are two categories of monetary damages available when you successfully prove a case based upon negligence. The first is economic damages, covering such losses as medical bills, lost income, and out-of-pocket costs. Pain, suffering, disfigurement and emotional losses fall in the category of non-economic damages.
You should note that Virginia law may have an impact on your right to compensation. There is a two-year statute of limitations, so you need to file a lawsuit in court before this time limit expires. If you do not, you are barred from recovering monetary damages. Plus, Virginia follows the law of contributory negligence. You cannot obtain any amount from the responsible party if you were at fault in causing the accident.
If you were hurt in an accident that was not your fault, you need experienced legal counsel on your side when filing an insurance claim or in court. To learn more about your legal remedies, please call Hampton Injury Law to schedule a consultation with a Newport News injury lawyer.