If you live in Virginia and you are involved in an accident, you can file a personal injury claim to recover compensation. This type of civil action allows you to hold an at-fault party liable for your losses and recover financial restitution for both economic and noneconomic losses.
However, Virginia maintains contributory negligence rules, which could make it very hard to bring forth a successful claim depending upon your circumstances. Here’s a look into what you need to know about contributory negligence in Virginia–
All states have negligence laws, which are laws that speak to how the negligence of the plaintiff in a civil action affects the plaintiff’s ability to recover damages. Most states allow for plaintiffs to recover damages, so long as their degree of fault was not more than the defendant’s. If a plaintiff did contribute to their injuries, most states just reduce the amount of compensation the plaintiff can recover from the defendant in proportion to their degree of fault.
The state of Virginia is one of the very few states in the nation that maintains pure contributory negligence laws. This means that if a plaintiff contributes to their injuries in even the slightest way, they cannot recover compensation.
The state’s contributory negligence laws favor the defendant in personal injury cases. Because you are responsible for proving the negligence of the defendant in order to seek compensation for your injuries, if the defendant can provide evidence that proves that you were even one percent to blame for your accident, then they have immunity from liability. For example, consider a situation in which a drunk driver hits your vehicle, causing you disabling injuries. While you may assume that the drunk driver should be liable for your injuries, if the driver can prove that you were distracted, speeding, using a cellphone, or otherwise negligent in any way at the time of the crash, and that this negligence contributed to your crash – even one percent – you are barred from recovery.
The only exception to contributory negligence laws is in accidents involving commercial carriers where the commercial carrier violates a safety regulation.
Because contributory negligence laws may bar you from seeking damages if you cannot prove that the defendant was 100 percent to blame for your injuries, it is essential that you hire a Virginia personal injury attorneys who has experience in your specific case type, and knows how to gather the evidence necessary to prove the fault of the defendant.
At the office of Hampton Injury Law PLC, personal injury attorney Jan Hoen has been practicing civil law for nearly 30 years, and knows how to protect your right to compensation. If you are injured in Virginia and afraid that you will be unable to seek compensation for your injuries, call our law firm today for a completely free consultation where you can learn more, and our personal injury attorney can review your case.
Mr. Kiligowski was very informative and answered all my questions. Answered all emails quickly. I would definitely recommend him.
If you are looking for a friendly and knowledgeable attorney Monte is the lawyer for you
We are so thankful for Monte! He stood by us the whole way through the process. Monte is very upfront, personable, and came up with a very thorough approach for the case and executed! Very knowledgeable with everything going on…
It was my first time ever dealing with legal issues, and Monte was a stellar attorney to work with. Professional, personable, and very open and honest the entire process, he was willing to walk me through things until the day…
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Great lawyer and straight to the point
Attorney Kuligowski was able to reduce not only one, but TWO reckless driving charges in separate counties. He was extremely informative and prompt with communication. His secretary Ginger is an angel who always relayed important updates about my case. I…
I was involved in a 4 cars accident and was charged with reckless driving. I'm so glad I hired Mr Kuligowski to represent me in court. He is very responsive and knowledgable, always answered my calls while working on my…
I had a great experience with Monte E. Kuligowski. Not only he prepared all my paperwork needed for my court date, but also gave me important advice on what was needed to win my reckless driving case. He was punctual…
I had consulted a handful of firms for my case and was repeatedly placed onto inquiry lists and multi-day waits before consultation. As I am inexperienced with the law, this was concerning to me. Mr. Kuligowski reached out directly after…
Mr. Hoen is amazing. I cannot thank them enough. They took the struggle of dealing with insurance company's and their minions and I could concentrate on home, family and work! 1000 percent recommended to take the headaches away!
Very helpful and made this process easy. Thank you.
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The staff at this firm is extraordinary. Everyone at this office welcomed me with open arms. It is truly a family-oriented firm. God Bless you all. Love you all.
I am so thankful for the professionalism and quick actions to get the case settled. I never felt out of the loop. Great office, will definitely be getting referrals from me. Thanks, Mr. Hoen & Staff!
Mr. Hoen and his staff were very helpful during my unfortunate event, and for that, I can't thank them enough.
I was really pleased with the handling of my case.
I would refer Mr. Hoen to anyone. Very pleased with the communication and would give a great review.
My experience was outstanding. And everything was done in a very timely manner. 5 stars!
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Jan Hoen was fantastic and helped me with my first major accident!
I am very pleased with Lawyer Hoen representing me. Happy I picked a very qualified and nice person.
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He represented me flawlessly. I was in front of the judge and he showed me papers as to what to mention and pointed at them to remind me to speak of them and stated the best facts. He spoke highly…
Very professional, always kind.
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Wonderful communication and support. Thank you for your help.
Thank you so much!
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I sincerely appreciate the professionalism provided by this office! Definitely made this process less stressful.
Very pleasant process all the way through. I was informed of everything in a timely manner, and everything was explained to me, including other options.
Thank you for the service. You're the best!
Thank you for always being honest, giving the best advice, and having my interests at the forefront.
Professional, effective & courteous representation.
Thanks! Job well done!
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Mr. Kuligowski made sure I had all of the proper documents well in advance of my court date. Also, stood up for me in court and worked out a deal I felt I deserved.
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Very nice to work with and communication has never been a problem.
I would recommend this law firm.
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They took care of me and got me way more than I expected!! I'll definitely use them again!
Thankful for ALL of you!
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This is my second encounter with my lawyer. Each time I have received excellent service.
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Thank you so much for helping me to get back to my old life—the happy me.
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Everyone was very helpful and made this process very smooth. I recommend Jan Hoen from Hampton Injury Law.
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Mr. Hoen and his staff were very responsible. They helped me with everything I needed. I recommend the services of Hampton Injury Law.
I give Hampton Injury Law five stars. The staff was great, and they helped me with my case.
Mr. Hoen and his staff helped me very much with my legal issue. I highly recommend the services of Hampton Injury Law if you need legal representation.
Mr. Hoen is a great attorney, and I would recommend him to anyone. Anytime I had a question, he would reassure me and answer my questions. The staff is very friendly and helpful. After all my daughter and I had…
Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.
I have used Mr. Hoen’s services on two occasions, and on both occasions, his services were superb! He was able anytime I needed and always eager to answer any questions I had. He also was very compassionate towards my situation…
Although I have hired Mr. Hoen to handle a legal matter for me personally in the past, I most often work with him through my patients. I have had many opportunities to see how he handles issues that arise for…
He will not “just settle," he goes after what he wants and gets it usually. His legal skills, coupled with his humanitarian skills, are what make him so successful. I wish you only success in your new endeavor and wish…
I can honestly recommend Mr. Hoen and his staff. Any questions you have get answered very professionally, and everybody is very kind. Mr. Hoen goes the extra mile to get you what you deserve. I hope I don't need a…
I have worked with Jan as a fellow personal injury attorney in the area for many years. He is very good, well respected, and takes care of his clients. Even though he is a competitor, I do not hesitate to…
Jan Hoen represented my husband and me when a careless driver hit us, and we found him to be very knowledgeable and extremely helpful. Our son also won a personal injury case with Jan Hoen representing him. This is his…
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