The Role of Contributory Negligence in Virginia Personal Injury Cases

In Virginia, fault for any kind of negligence-based accident is apportioned in terms of percentages. Because the state follows the law of contributory negligence, if even one percent of negligence or fault is assigned to you, you will be barred from recovering any damages for your Virginia personal injury case. 

This is just one of the reasons your case will benefit from a Hampton Roads personal injury attorney’s understanding of local and state laws. Your attorney will gather evidence that shows you were not at fault and, therefore, are entitled to compensation. Your lawyer will also present your evidence to the respondent’s insurance adjustor during negotiations or prepare it to be given in court in the event that a settlement cannot be reached. 

What Compensation Is Recoverable in a Virginia Personal Injury Case?

Some common forms of damages you can recover after being injured due to someone else’s negligence include:

  • Current and projected medical treatments
  • Current and projected loss of income
  • Pain, suffering, and inconvenience
  • Emotional and mental distress and trauma

If you lost a family member in a negligence-based accident,  the damages recoverable for a Virginia wrongful death include the costs of their funeral, burial or cremation expenses, and compensation for your loss of companionship and grief. In rare instances, you may also be able to recover punitive damages for wanton or willful acts of negligence.

These forms of damages are obtainable after a motor vehicle accident, trip and fall accident, dog attack, medical malpractice, or any other accident arising from another person’s carelessness. The Virginia personal injury lawyers at Shapiro, Washburn & Sharp offer prospective clients a free consultation during which one of our attorneys will review your case and outline your potential options for compensation. 

What Are Some Examples of Contributory Negligence?

pedestrians

There are many ways a personal injury respondent might say you contributed to the accident, such as:

  • A distracted driver hit you at a four-way intersection, but you failed to come to a complete stop at your stop sign
  • You slipped and fell on commercial or residential property, but knew the potential hazard was present, such as snow or ice, and did nothing to avoid it
  • You were attacked or bitten by your neighbor’s dog, but only after you intentionally aggravated or teased the animal

Our Hampton Roads personal injury attorneys will listen to your version of the circumstances that caused your accident. If you are not at fault, we will explain our plan for establishing your lack of liability.

Can A Virginia Personal Injury Lawyer Prove I Was Not at Fault?

Determining fault is crucial to receiving compensation. Our lawyers can help you prove you did not contribute to the accident, in spite of what the respondent has alleged.

Your attorney will:

Our attorneys will listen to your side of the story and handle any necessary communications on your behalf including law enforcement officers and insurance representatives. 

How Are Liability and Damages Proven?

Most Virginia personal injury cases settle out of court once convincing evidence of liability is presented to the respondent and their insurer.

Evidence that establishes the costs and cause of your accident usually includes:  

  • Police accident reports
  • Medical bills/Medical records
  • Proof of lost earnings
  • Pictures of the accident scene
  • Pictures of your injuries
  • Eyewitness testimony
  • Your own account of the incident

Your attorney will deal with the painstaking job of evidence collection while you focus on your recovery.

Get A Complimentary Review of Your Virginia Personal Injury Claim

If the at-fault party in your personal injury case is blaming you for some or all of the accident, reach out to the Hampton Roads personal injury lawyers at Shapiro, Washburn & Sharp by calling (833) 997-1774 or filling out our online form. Our experienced team can answer all of your questions about the role of contributory negligence in your Virginia personal injury claim. They will also outline the steps we will take to make sure liability and fault are correctly attributed in your case.

Related Content

What is Negligence?

How is Negligence Determined in a Personal Injury Claim in Virginia?

Fatal Norfolk, VA Motorcycle Crash Raises Questions About Contributory Negligence