An accident is an unfortunate event which may cause injury. An injury is when an event occurs and causes damage. An injury may be physical or psychological. The law which is studied by lawyers who tend to operate cases that include accidents and injuries is called tort law. The word ‘tort’ in tort law is a Latin word which means harm in this case. In some cases, accidents and injuries are caused by the negligence of the plaintiff. The plaintiff is the person injured, in this case, who calls for a case in the court of law.
Negligence is the carelessness of someone when he/ she does not take proper care of himself/ herself or something he/ she must have taken care of. In the state of Virginia, the law expresses that for an event of injury, a case will not be considered by a court if it is demonstrated that the party injured had a contribution in making the injury itself to the injured party.
Virginia law states that this case is called injury by negligence. An injured party can call for an injury case if the injury was caused by the carelessness of the offender. Another instance of carelessness or negligence would be if an offended party did not pursue the precautionary measure rules given by an individual or association and afterward the offended party was harmed because of him/ her not following the precautionary rules.
For this situation, an official courtroom in the state of Virginia will not consider the case given by the offended party because of his/her influence in the damage or injury caused. The state of Virginia additionally expresses that if the offended party had a 1% impact in the reason for his/her object’s injury or his/ her physical or mental injury, he/ she will not receive any benefit or compensation for the injury or damage caused.
In the state of Virginia, a person can file a lawsuit against another person who caused the death of a loved one. This case is called a ‘wrongful death’. Not any person can be the plaintiff in this case. The plaintiff can be a close relative to the dead person such as a mother or wife or a personal representative of the dead person. A wrongful death lawsuit is done so that certain types of expenses or damages are compensated or dealt with. These expenses or damages may include but are not limited to the following:
- Expenses of the funeral of the loved one;
- Loss of care and income from the loved one;
- The medical facility expenses due to the injury of the loved one before he /she died; and
- Mental damage due to sorrow because of the loss of the loved one that died.
The statute of limitation of accidents that include injuries which lead to deaths is two years. This means that a person cannot file a wrongful death lawsuit after two years have passed from the day of the injury that caused the death.
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. C