Basics of Virginia Personal Injury Law

Virginia personal injury law is a broad and complex topic. If you were injured in a Virginia accident through no fault of your own, there are a few basics you should understand about the state’s personal injury laws before you decide what to do next. 

What You Need to Know About Virginia Personal Injury Law 

What is Personal Injury?

In legal terms, personal injury is any injury, either deliberate or accidental, that is caused by another person. Most personal injuries stem from negligence and are broadly classified based on how the victim was injured, such as auto accidents, defective products, premises liability, and medical malpractice.  

Personal injury cases typically involve emotional, financial, and physical injuries. Damages can include medical bills, permanent disability, loss of earnings, and pain and suffering, to name a few. Virginia law permits victims to be compensated for injuries caused by another’s unlawful or negligent actions if, and only if, liability can be proven. 

Is It Important to Establish Liability?

Yes, proving liability is the core of Virginia personal injury. To see a successful resolution to your personal injury case, you will have to show that the respondent failed to conduct themselves in a reasonable manner in a particular situation, or willfully and without provocation, caused your injuries. Virginia personal injury law also says that no part of your accident and subsequent injuries can be attributed to you. Unlike many other states where victims are still entitled to compensation even if they are partly to blame, Virginia follows the inexorable law of contributory negligence. This law prohibits recovery if even the tiniest bit of fault is attributed to the claimant. 

In some instances, liability is extremely challenging to prove. Insurance providers will do everything in their power to put some or all of the blame on the injured victim to avoid making a payout. A Virginia personal injury law firm will be familiar with the tactics employed by insurers and know how to thoroughly investigate your accident and uncover evidence proving you were not liable. 

What Should I Do if I Have Been Injured?

If you are hurt in a Virginia personal injury accident, the first thing you should do is seek medical treatment for your injuries. It is also important to document the scene by taking pictures and writing down as many details as you can.

If your injuries are serious, we strongly urge you to speak with a personal injury lawyer from Shapiro, Washburn & Sharp about your legal options. It is crucial that you do not give a statement to the insurance company without proper legal representation.  

My Injuries Are More Serious Than I Realized. What Should I Do?

It is not unusual for accident victims to discover that their injuries are much more serious than they originally thought. Once again, seeking medical care is paramount if you begin displaying new or worsened symptoms, as is following the advice of your physician. Virginia law imposes a two-year statute of limitations on almost all personal injury claims. During that time, your doctor should be fully educated on the nature of your injuries, the details of your recovery, and any future medical complications. 

What Factors Can Influence My Compensation?

Each personal injury case is unique. Generally speaking, however, the more severe and permanent your injuries, the greater the compensation. For example, some injuries, such as an amputation, are so devastating that the victim will never be able to fully recover. These injuries are referred to as catastrophic, and the compensation will be much higher than for someone with a broken leg that will eventually heal.

Why Does the Insurer Want to Settle My Claim So Quickly?  

Insurance carriers will try their hardest to get you to consent to a quick, lowball settlement before the full scope of your injuries and damages are known. Our experienced personal injury attorneys will make sure that no settlement negotiations take place until maximum medical improvement has been determined and all of your current and anticipated damages have been accounted for.  

What Do I Gain From Hiring a Virginia Personal Injury Lawyer?

An attorney from Shapiro, Washburn & Sharp will put their decades of experience with Virginia personal injury cases to work for you during each phase of the legal process. We will lead a prompt and detailed investigation, seek the professional advice of expert witnesses, meet every case-related deadline, and fight for full and fair financial compensation during settlement negotiations or a trial.

How Do I Begin a Virginia Personal Injury Claim?

If you are considering bringing an injury claim in Virginia, schedule a free consultation with a Virginia personal injury lawyer from Shapiro, Washburn & Sharp. We will review the details of your accident and the seriousness of your injuries to determine if you have a valid case. If so, we will outline the most effective approach to getting you the compensation you deserve.   

Contact a Virginia Personal Injury Lawyer Today

If you were injured in a Virginia personal injury accident and would like to speak with someone about where to go from here, reach out to one of the most well-established and respected personal injury firms in the state, Shapiro, Washburn & Sharp, by calling (833) 997-1774 or via our contact form online.  

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