Yorktown Personal Injury Attorney

No one likes to think about the potential of being seriously injured. Unfortunately, every year, millions of people throughout the country are harmed in slip and fall accidents, motor vehicle crashes, or as a result of nursing home abuse, medical malpractice, dangerous products, dog bites, and more. To help you recover compensation after a serious injury in Yorktown, you need an experienced personal injury attorney on your side.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a type of civil claim that seeks to hold a negligent party liable for the damages you have sustained and seek compensation for that harm. To file a claim against a person that is successful, you will need to prove that the person owed you a duty of care (duty of care is often implied – i.e., all drivers owe others on the road a duty of care, a doctor owes their patient a duty of care, etc.), that the duty of care was breached, that your injuries would not have occurred but for the breach, and that you suffered actual damages as a result.

If you can hold the at-fault party liable, then you can demand to be compensated in full for your losses. You have the right to seek damages for all economic and noneconomic losses you have suffered, which means that you can seek compensation for lost wages and future lost wages, medical expenses, property damage, the costs of at-home care, disability, psychological injury, and pain and suffering.

Time Limits for Bringing for Your Personal Injury Claim

It is important that you take action to file your claim quickly. The Code of Virginia limits the amount of time you have to file a personal injury lawsuit for negligence causing an injury has to two years from the date of the incident. Certain types claims also require that statutory notice be provided to an entity or agency within six months. Unfortunately, if you fail to comply with these statutory requirements, it is highly unlikely that a court will hear your case. There are very few exceptions. It has been said that “the statute of limitations has no heart.”  For these reasons, it is critical to consult with an attorney with the knowledge, experience and expertise to protect your right to full and fair compensation for your injury claim.

What You Need to Know about Virginia’s Negligence Laws

As stated above, you must prove that the defendant breached the duty of care owed to you and acted negligently in causing your injury in order to recover compensation for your damages. Keep in mind that Virginia maintains harsh rules regarding negligence and plaintiffs’ rights to recovery when plaintiffs contribute to their injuries. For example, due to Virginia’s doctrine of contributory negligence, if you contributed to causing your injuries in the slightest, you will be barred from recovering any compensation from the defendant. Unlike most other states, Virginia does not recognize comparative fault.  As such, it is important to work with an attorney who knows how to investigate an accident and prove that the defendant was 100 percent to blame for causing your injuries.