Accidents occur on a daily basis, but some accidents may occur because of an individual or party’s negligence and recklessness. In these situations, a person that has been involved in the accident may decide to file a Personal Injury claim. There are many things a person should consider when filing a Personal Injury claim in Fairfax. Because personal injuries are complicated with many different laws and different types, it is in a person’s best interest to hire a lawyer to handle the case for them.
An experienced lawyer will be familiar with the different laws and types of cases and the circumstances that surround them. Also hiring an experienced lawyer in Fairfax will intimidate insurance companies and prevent them from trying to settle the case in an unfair manner. The lawyer will first check to make sure their client’s case is within its 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 lawyer will take is interviewing their own client on what occurred the day of the incident and on he injuries and damages they obtained. They will also interview any witnesses and obtain any records needed for the claim. A lawyer will explain the details of the case and the client’s chances of receiving compensation. In Fairfax County, if the victim is also responsible to even 1% of causing the accident, they 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 be held between both parties. A lawyer will study the offer made by the defendant and advise their client to accept or refuse the offer. If the client refuses the offer, the lawyer will either demand a better offer from the opposing party or end the negotiations and take the case to trial.
During a trial, a lawyer will argue that the defendant is fully liable for causing the accident on the grounds of negligence.
Negligence can be proved using the following
- Proving the defendant had a duty to do something
- Proving that the defendant violated their duty
- Proving 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 lawyers in Fairfax are paid on a contingency fee basis. This means that the lawyer will only be paid if the case is settled or won in the trial. The lawyer 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 reassure the client that the lawyer performing to their greatest ability. Case expenses are not included in the contingency fee. A law firm may require that an individual reimburse them for case expenses if the case is lost or dismissed.
If you need a Virginia Personal Injury Lawyer to help you with your Personal Injury case in Virginia, call us at 888-437-7747. Our Virginia Personal Injury Attorneys can help you.