One minute you’re fine, and the next, a car accident changes your life. You may be dealing with painful injuries, expensive medical bills, lost income, and an unknown future. Many people believe that if another driver caused the crash, they automatically have a lawsuit. But it is not enough to be involved in an accident; the law requires more. To be able to bring a successful claim, you have to be able to prove that certain legal elements existed. A Virginia Beach car accident lawyer can help you figure out if you have a valid case.
What Must Be Proven In A Valid Car Accident Claim?
The majority of car accident cases are negligence cases. Negligence is the failure to take reasonable care, resulting in injury to another. As a general rule, an injured person must prove duty, breach, causation, and damages before they can recover damages.
The first element is duty. All drivers are required by Virginia law to drive safely and to obey the traffic laws. They are supposed to behave reasonably and not hurt others.
The second element is a breach. A breach occurs when a driver fails to fulfill that duty. Examples include speeding, drunk or distracted driving, or tailgating.
The third element is causation. Just proving fault isn’t enough. Proximate cause is established by showing that your injuries were a reasonably foreseeable consequence of the other driver’s negligence.
The fourth element is damages. Even if negligence was committed, there isn’t usually a cause of action unless the victim sustained actual damages. You may be entitled to compensation for your medical bills and other damages that resulted from the accident.
Why Is Proximate Cause Important?
The negligent behavior must be the proximate cause of the victim’s injuries. Sometimes, the insurance company will challenge causation by claiming the person’s injuries predated the accident or were caused by something else entirely. This is why medical records and other evidence are often a significant part of a claim.
If you can’t prove that the accident caused your injuries, then you may have a difficult time recovering compensation, even if negligence existed.
What Damages Can I Recover?
Damages refer to the losses arising from the accident. Economic damages include the cost of medical treatment, lost income, and other damages with precise dollar amounts. Non-economic damages can include pain and suffering and the impact of the injuries on the victim’s normal life.
Often, the value of a claim depends on the severity of the injuries. If the injury is minor and doesn’t require a great deal of treatment, the damages may be relatively small. If your injury is serious, with permanent impairment or long-term care needs, your losses will almost certainly be much larger. A Virginia Beach car accident lawyer can help you discover the full scope of damages.
Why Does Fault Matter So Much In Virginia?
Virginia has one of the strictest negligence rules in the country. Virginia follows the doctrine of contributory negligence. Under this rule, an injured person who is found even slightly at fault for causing the accident may be completely barred from recovering compensation.
For example, if a jury concludes that an injured driver was only one percent responsible for causing the collision, that driver may recover nothing from the other party.
Because of this rule, proving that the other driver was entirely at fault is often critical. Insurance companies know this and will often look for ways to argue that the injured person was contributory to the accident. One of the most important parts of a Virginia car accident case is often proving liability by way of a thorough investigation.
How Will Insurance Coverage Limits Affect My Claim?
Even when fault is clear, practical problems can affect the amount of compensation available. Most claims are paid through the insurance coverage, not the at-fault driver. The amount of insurance available may limit what can realistically be recovered.
Virginia drivers are required to carry at least the minimum liability insurance required by law, although some drivers carry higher limits. If someone is seriously injured and their damages exceed the coverage available, collecting the full value of those losses can be harder.
You might also want to consider uninsured and underinsured motorist coverage. These coverages can provide protection if the at-fault driver has no insurance or doesn’t have enough insurance to pay you in full.
Understanding all available sources of insurance coverage is often an important part of evaluating a claim.
How Can I Meet With A Lawyer After A Serious Virginia Beach Car Accident?
There is a lot more to whether you have a legally viable claim than simply proving there was a crash. You have to prove duty, breach, proximate cause, and damages. You will also have to deal with the strict contributory negligence rule in Virginia, not to mention insurance coverage issues.
The experienced Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can investigate your accident and help you establish the elements necessary to pursue a successful claim. Our firm has obtained multiple substantial recoveries for Virginia personal injury victims, including a $675,000 settlement for a car accident victim who experienced severe injuries and the aggravation of a pre-existing medical condition after being rear-ended by another driver. To schedule a free case review with one of our attorneys, call (833) 997-1774 or fill out the contact form on our website. We have offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.