Personal Injury in Virginia

If you are trying to recover the costs of your injury, you must provide proof that you were injured through the careless actions of another person. In legal terms, this concept is called negligence.

If you were injured due mostly to your own carelessness, the state of Virginia may not allow you to be compensated. This is true even if another person also contributed to your injury. However, if you were not responsible for the injury, you should be compensated by the party at fault. A group of people who cause an injury through negligence may be held liable as a group and as individuals. This means that each person is held to be responsible for the full extent of the injury.

Virginia Personal Injury at a Glance

Virginia Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Pain and suffering, lost wages, future earning ability, medical expenses, property damage, cost of household help
Products Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Any defendant that is found to be at fault is joint and severally liable for all damages
Contributory Negligence If plaintiff is found to have greatly contributed to the injury, damages may not be recoverable

If you were injured by a consumer product, you may still collect compensation. You will have to prove that there was no warning of potential harm, and that the lack of a warning caused the item to be very dangerous. Alternatively, you may prove that the item was defective and that the defect was neither open nor obvious. You will have to provide proof that the lack of a warning or the defect itself caused your injury.

What is Covered Under My Claim?

Under Virginia personal injury law, you may be compensated for time missed at work, medical fees that have occurred in the past, are occurring presently, or are expected to occur at a future time. You can also receive compensation for any emotional and mental damage that has occurred. If you suffered problems with family relationships due to the injury, you may be compensated for that. Virginia's laws also cover permanent disfigurement and disability. If you are unable to continue working as you had before, you can be compensated for this loss.

Legal Information You Must Know

You should not speak to insurance adjusters until you have gotten counsel from a Virginia personal injury attorney. When you begin filing a personal injury claim, you need to tell the liable person that you are taking action against them. Save any evidence pertaining to your injury, including damaged property, photographs that were taken of the injury, and the clothes you were wearing at the time of the injury.

You need to either reach an agreement with your insurance companies or file a personal injury claim within two years of the injury.

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