In the state of Virginia, negligence is the failure to take proper care of something when the person’s actions fall outside those of a reasonable person. For example, the action of a bus driver driving passengers while intoxicated is considered negligent. If the bus driver crashed and injured any passengers, then he can claim compensation for any pain and suffering caused due to the bus driver’s negligence. Negligence is based on a legal duty and a breach of that duty, not on a moral or ethical duty. For example, if someone sees a drowning person, they do not have a legal duty to save them and this will not be considered negligent.
Proving negligence involves defining what a reasonable person will or will not do in a situation. This is where an injury attorney comes in. In Virginia, negligence in personal injury cases revolves around the actions the defendant took or did not take that caused the incident.
Virginia is one of the few states in the US with strict negligence laws . They are known as contributory negligence laws. They claim that if the injured party is as little as one percent at fault for your pain and suffering, then under Virginian negligence laws there is no case and no compensation can be claimed. Due to these strict negligence laws, winning a personal injury case in Virginia can be extremely difficult.
When filing a personal injury claim in Virginia, strong and well-developed evidence is needed to show that the plaintiff is not responsible in any way for your personal injuries if any type of settlement is sought.
For a plaintiff to win a negligence case, all four elements including duty, breach, causation, and damages must show that the defendant is at fault.
Duty – When evaluating a legal malpractice claim, the first element to consider is whether the defendant owes the plaintiff a legal duty of care. In some cases, the relationship between the two already creates a legal duty. For example, a doctor has a legal duty to provide competent medical care.
Breach: The next element the Virginian court will consider when evaluating a negligence claim is whether or not the defendant did something that a “reasonably prudent person” would do under similar circumstances. The legal term “reasonably prudent person” acts as a representation of how the average person will act in that situation.
Causation – The third element requires the plaintiff to prove that the defendant caused their injuries. The injured party can only claim compensation if the defendant’s negligence caused the injury.
Damages – The final element of a negligence case is damages. This requires that the court be able to compensate the plaintiff for any injuries sustained.
In general, children are not considered to be a reasonably prudent person and are not expected to act as adults should. Instead, in Virginia courts, children are held to a modified standard. Under this standard, a child’s actions are compared to the behavior of other children of the same age, experience, and intelligence. However, in some jurisdictions, the adult standard of care applies to children who adopt adult traits such as driving a car or engaging in a part-time job.
If you need a Virginia Malpractice Lawyer to help you with your Virginia Malpractice case, call us at 888-437-7747. Our Virginia negligence attorneys can help. C