Accidents happen daily, but some can happen due to the negligence and recklessness of one person or party. In these situations, a person who was involved in the accident may decide to file a personal injury claim. There are many things a person needs to consider when filing a Fairfax personal injury claim. Because personal injury is complicated with many different laws and types, it is in a person’s best interest to hire an attorney to handle the case.
An experienced attorney will be familiar with the different laws and types of cases and the circumstances surrounding them. Also hiring an experienced Fairfax attorney will intimidate insurance companies from trying to settle your case unfairly. The attorney will first verify that her client’s case falls within her statute of limitations. In Fairfax, the statute of limitations on most personal injury cases is within two years of the date the accident occurred. If the statute of limitations is up, the claim can no longer be filed. The next step the attorney will take is to interview their own client about what happened on the day of the incident and about the injuries and damages they sustained. They will also interview witnesses and obtain the records necessary for the claim. A lawyer will explain the details of the case and the possibilities of the client to receive compensation. In Fairfax County, if the victim is also responsible for even 1% of the cause of the accident, she will not be entitled to any compensation. This is known as “contributory negligence” and will be determined by a judge. Before taking a case to trial, settlement negotiations will take place between both parties. A lawyer will study the offer made by the defendant and advise his client to accept or reject the offer. If the client rejects the offer, the attorney will demand a better offer from the opposing party or end negotiations and take the case to trial.
During a trial, an attorney will argue that the defendant is entirely responsible for causing the accident through negligence.
Negligence can be proven using the following
Showing that the defendant had a duty to do something
Showing that the accused breached his duty.
Demonstrating a link between the defendant’s breach of duty and the occurrence of the accident
The plaintiff suffers injuries and damages in the accident.
Many Fairfax attorneys are paid on a contingency fee basis. This means that the attorney will only be paid if the case settles or is won at trial. The attorney will be paid a percentage of the compensation package. This is to ensure that everyone in Fairfax has equal access to quality legal representation and to assure the client that the attorney is performing to the best of their ability. Case expenses are not included in the contingency fee. A law firm may require a person to reimburse them for the costs of the case if the case is lost or dismissed.
If you need a Virginia personal injury attorney to help you with your Virginia personal injury case, call us at 888-437-7747. Our Virginia personal injury attorneys can help. C
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