Frequently Asked Questions About Virginia Personal Injury Law
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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.
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.
If there is a contingency fee agreement, who makes the decision of whether or not to settle the case?
Even if there is a contingency fee, it is always the victim (the client) who will make the decision to settle the case or not. The victim still has control of the case. The attorney will prepare the case in order to prepare for trial, even if a settlement is a possibility.
What is a contingency fee in a personal injury case?
A contingency fee is a fee agreement between the victim and the injury attorney whereby the attorney agrees to get paid only if they win the victim’s case. The fee is generally a percentage of what the final recovery is in the case. In this type of arrangement, the attorney takes the risk of not receiving any fee if they do not win the case.
What are my options in Virginia to pursue damages in a personal injury lawsuit for my herniated disc?Virginia law allows you to pursue damages against the negligent driver who caused your accident injuries. You can be compensated for medical costs, pain and suffering, lost wages and emotional anguish. Talk to a Virginia personal injury attorney today for additional information.
What am I looking at in terms of recovery with a herniated disc?The pain from this injury can be severe. It can leave you unable to work and unable to take care of yourself. The recovery may take months and if you need surgery, you could need months more rehab and recovery. During this time, you could be experiencing total income loss and rising medical expenses and no way to pay for them.