In the unfortunate event of an accident, the civil justice system of the state of Virginia aims to compensate for any losses and help restore a victim’s life to its pre-accident state. Accidents where a person may file a personal injury claim to the court include:
- Vehicle Accidents
- Accidents involving cars trucks or buses on the road
- Transportation Accidents
- Accidents on a plane, train or on a boat
- Faulty man-made Products
- Drugs, Machinery Seatbelts etc.,
- Property Defects
- Hazardous conditions such as slippery floors or poorly-constructed buildings.
When a person decides to file a personal injury claim, they should do so within two years from the date of the accident or they lose the right to make a claim. If an individual plans to file a claim against a city or town in Virginia, the attorney is required to submit a formal notice to the local government within 6 months from the date the accident occurred. If the claim is against the Virginia state government, the notice should be submitted within one year.
Before pursuing a personal injury claim, a lawyer will explain to the client what their case is worth and how much compensation they should expect. This is based on what the accident cost the client with relation to:
- Medical Expenses
- Costs of medical treatment received because of the accident and any future treatment that may be required.
- Compensation of income lost due to the accident (e.g. missing work days) and any impact the accident may have on their future income.
- Loss/Damage of Property
- Pain and Suffering
- Emotional Distress
- Compensation for any psychological effects the accident caused such as PTSD (post-traumatic stress disorder) or insomnia.
- Loss of Enjoyment
A personal injury claim is based on two major conceptions
To win a personal injury case, a lawyer should be able to prove that the defendant is responsible for the damage or injury caused to their client. To prove liability, an attorney will need to show that the defendant was aware or should have been aware of the dangerous circumstance they produced at the time of the accident. For example, if a person walks on a freshly mopped floor that has no warning sign around it and is injured due to slipping on this wet floor, the attorney will argue that the defendant was aware that the slippery floor would cause a hazardous situation. The state of Virginia is a “fault state in relation to accident cases. This means that the party that is responsible for the occurrence of the accident is the one required to compensate for any losses that occurred during or due to the accident. The state of Virginia is one of the very few states that practice the concept of contributory negligence. This means that if the defendant can prove that the accusing party was also responsible even to the slightest degree in the causing of the accident, the court is inclined to dismiss the entire case. A person should hire an attorney soon after their accident to ensure that no evidence is lost or destroyed before the case is taken to court. If you need a Virginia Accident Lawyer to help you with your Accident case in Virginia, call us at 888-437-7747. Our Virginia Accident Attorneys can help you.