Frequently Asked Questions About Virginia Personal Injury Law

We have compiled some of the most frequently asked questions and answers on a broad range of Virginia personal injury and wrongful death topics. Take some time to get informed on personal injury law, railroad worker injury law, and more by browsing our FAQs.
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  • How often does a drugged driving crash occur?

    It is difficult to determine just how many car accidents are caused by a drugged driver. This is because:

    • Unlike testing for alcohol at the scene, there is no roadside test that has been developed that can accurately measure drug levels in a driver’s system.
    • Some drugs stay in a user’s system for days or weeks and this makes it difficult to determine which drug was used prior to the crash and if it had an effect on the driver.
    • If a driver has tested positive for an illegal blood alcohol level, law enforcement usually do not test for drugs since they already have enough evidence for a DUI charge.
    • Many drivers who are at fault for a crash are found to have both alcohol and drugs in their system and it can be difficult to determine which substance had the greatest impact on the driver’s ability to operate the vehicle.

    However, a critical fact provided by the Governors Highway Safety Association is that in one year, approximately 40 percent of drivers killed in car accidents had at least one drug in their system, and half of those drivers tested positive for two or more drugs.

  • How does an attorney in North Carolina prove loss of consortium?

    Your attorney will look at the state of your marriage before and after the injury or death. Some of the areas of most importance are spousal support and enjoyment and household help. It needs to be known how much time you spent together and how often you engaged in sexual relations as well as activities together. Without a close marital bond, pursuing the claim for loss of consortium is difficult.

  • How can it be proven that a distracted driver contributed to my injury?

    As personal injury attorneys in Virginia, we can subpoena cell phone records in a car accident. If we can establish that a driver was illegally using a handheld device when the accident occurred, you could be entitled to compensation.

  • What does Virginia law have to say about distracted driving?

    A new distracted driving law will take effect in Virginia on Jan. 1 2020. The law requires a $125 fine for the first time a driver holds a handheld, personal communication device while driving in the state. This law applies to any road with a speed limit of 35 MPH or higher in the state.

  • How common are fall injuries with children?

    National statistics show that one million children go to the hospital due to injuries suffered in falls. Falls are the top cause of nonfatal injuries for children in America. Many of these accidents are due to property owner negligence.

  • What is a common type of accident involving children that results in many personal injury lawsuits?

    Car accidents are the #1 cause of death for children in the US. Every year, at least 700 children die in car accidents and thousands more are injured. If your child has been hurt in a car accident cause by another driver, you should be certain to talk to a Virginia personal injury attorney right away.

  • How is pain and suffering proven?

    Some of the information that a personal injury attorney will use to prove their client’s pain and suffering includes:

    • Medical Records: If the medical records show the seriousness of the injury, this would be a good way to document the presence of pain and suffering the victim endured.
    • Medical Experts: Using medical experts to testify during a trial is another way to prove pain and suffering. The witness can explain to the jury what kind of physical pain is likely from the types of injuries the victim suffered.
    • Therapist Testimony: If the victim is working with a therapist after the accident, the therapist can testify any emotional issues the victim is having, such as anxiety, depression, or PTSD.  
    • Family and Friends: Family and friends can also testify about a victim’s emotional state and any lifestyle changes their injuries have caused. They can also confirm any emotional and/or physical changes the victim went through after they were injured.
    Photos, Videos, and Journals: An attorney can also use photos, videos, and social media accounts to show the difference in the victim before and after they were injured. It is also a good idea for victims to keep a journal and write in it daily as to what their pain level is and any emotional issues they felt that day.

  • How much will a victim receive for pain and suffering damages?

    Pain and suffering are not immediately quantifiable the way economic damages – like medical expenses and lost wages – are. This type of damage is a subjective one and will vary with each victim and each case. In order to get full compensation, a victim’s personal injury attorney must provide evidence that will determine the value of their pain and suffering.

  • What is pain and suffering in a personal injury lawsuit?

    Pain and suffering in a Virginia accident case is one type of damage that a victim can receive financial compensation for from the party who is deemed liable for the incident or accident that cause the victim’s injury. Pain and suffering include both the physical and emotional suffering the victim endures. The purpose of pain and suffering damages is to compensate the victim for any of the ways their injuries have caused them to suffer.

    The physical pain an injury causes may be obvious. For example, if a victim suffers a broken leg in an accident, there is often much physical pain to endure. The emotional pain the victim may not be as obvious but may still be there, such as the stress of being not being able to physically do the things they need to do, such as a parent taking care of their child or household duties.

  • How is the contingency fee paid if there is a settlement or award?

    Once the case settles, the attorney will provide the victim with a full accounting of how what they did. Since this is a contingency fee case, the accounting will not be broken down by hours, but they will break down what other legal costs they are billing you for, such as court costs, expert testimony, etc.