Virginia personal injury law governs civil claims and lawsuits involving negligence, recklessness, or intentional conduct. State civil laws allow victims of such actions to pursue compensation for their physical, emotional, psychological, and financial damages.
If your life changed dramatically due to the reckless actions of someone else, a personal injury lawyer may be able to help you. A free case evaluation offers you the opportunity to learn more about how to proceed toward possible justice.
Understanding Personal Injury
Core elements of a personal injury case.
Everyone owes those around them a duty of care. Responsibility, caution, and even warnings are examples of how we avoid harm in our everyday lives.
A duty of care is the first element of negligence in a personal injury case. Holding the responsible party accountable for breaching that duty of care is part of the civil process.
The four key elements of a personal injury case are:
- Duty of care: The defendant had a legal responsibility to act reasonably.
- Breach of duty: The defendant failed to meet that obligation.
- Causation: The breach of duty directly relates to the plaintiff’s damages.
- Damages: The defendant suffered measurable losses as a result of the plaintiff’s actions.
These four elements establish a foundation for proving negligence. The link between each of the four is that a plaintiff’s actions make them liable for the defendant’s damages.
A Virginia personal injury lawyer can easily identify these types of elements and develop a strategy for your case. An experienced lawyer’s knowledge and skills regarding these elements are critical for securing the best possible outcome for you.
Common Types of Personal Injury Cases
Negligence that results in harm to others is never acceptable.
The shock of experiencing a personal injury is sudden, overwhelming, and stressful. If you suffered a personal injury, your life most likely changed negatively in an instant.
Cases involving negligence can vary in type and cause. The following are a few examples of personal injury cases, each with additional examples of how negligence occurs.
- Car accidents: caused by a drunk, drugged, distracted, or aggressive driver
- Slip and fall accidents: torn carpets, wet floors, or unsafe stairs
- Medical malpractice: surgical or medication mistakes
- Defective products: defective items or items with no warnings
- Dog bites: an uncontrolled pet that harms an unsuspecting adult or child
- Wrongful death: an untimely and most likely preventable death due to negligence
Insurers, manufacturers, healthcare facilities, and other entities typically defend against personal injury claims to protect their profits. Armed with their own attorneys, the plaintiffs seek to diminish or dismiss their client’s responsibility for the defendant’s damages.
Victims of negligence do not need to fight their case alone. Seeking help from a Virginia personal injury attorney protects a defendant’s best interests as they fight for what they deserve.
A personal injury attorney also assists defendants with Virginia’s pure contributory negligence rule, one of the strictest contributory negligence doctrines in the United States. Understanding this complex rule is best left to a professional, licensed Virginia attorney.
Why Choose Us?
Poindexter & Wright Law aggressively fights for you.
At Poindexter & Wright Law, we have the civil law skills and experience needed for your case. We treat all our clients with respect and compassion as we pursue compensation for their unexpected and unfair damages.
Personal injury damages are typically categorized into two categories: economic and non-economic damages.
Economic Damages
Economic damages are quantifiable monetary damages, such as:
- Medical expenses (current, ongoing, and future)
- Lost wages due to recovery
- Loss of earning capacity
- Property damage
- Out-out-of-pocket expenses.
Medical bills, receipts, and employment records generally serve as accepted documentation of economic damages.
Non-Economic Damages
These types of damages are more general, are subjective, and therefore are harder to quantify. They typically include the following types of damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent injury
- Loss of companionship or consortium (in spousal injury or wrongful death cases)
A decision regarding non-economic damages is typically based on expert opinions, testimony, and the severity or permanence of the injury.
A personal injury attorney from Poindexter & Wright Law understands the profound impact of negligence on a defendant’s life. Through their years of working with clients, they have come to realize how negligence affects all aspects of a defendant’s life.
It is for this reason that they continue to fight for fair compensation on behalf of victims of negligence. If you suffered damages due to negligence, Poindexter & Wright Law stands ready to fight for you.
How We Help Virginia Personal Injury Victims
We pursue justice and compensation for the unfair damages you have suffered.
At Poindexter & Wright Law, our first step is to identify the who, what, where, when, and why of your injury. We utilize as many tools and as much evidence as possible as we build your case for compensation.
The following steps are part of our approach to identifying the liable party and proving negligence:
- We begin with an initial consultation, which helps us learn more about you and the event that changed your life.
- The following steps involve an investigation and gathering of evidence. Accident reports, medical records, photographs or video of the scene, witness statements, and expert testimony are critical tools for a civil case.
- Your lawyer builds a case proving negligence based on the investigation and evidence. We correlate the proof with the duty of care, the breach of that duty, and your resulting damages.
- Once a case is in place, a pre-litigation settlement attempt is made with the liable party’s insurer. A comprehensive demand letter is sent to the insurance company outlining the facts of the case, the legal basis for liability, a summary of medical treatment, and a demand for compensation.
- If the attempt at a settlement is unsuccessful, we file a lawsuit with the appropriate court. This step involves depositions, motion hearings, and other legal procedures.
- The negotiation process continues as we prepare for trial. It is not uncommon for cases to settle out of court shortly before a trial is set to begin.
- When trial is unavoidable, the following steps are: jury selection, opening and closing arguments, presentation of evidence, and witness testimony.
Poindexter & Wright Law do not abandon you once a trial concludes or we reach a fair settlement. Your attorney can assist with matters such as judgment enforcement or an appeal. Post-trial motions and other final legal processes can make the end of the process just as confusing as the beginning of your journey.
Our office is compassionate and caring, standing by you from start to finish. It is our honor to provide legal representation and support for Virginia victims of negligence.
Negligence can turn your world upside down. Fight for the compensation you need and deserve with help from Poindexter & Wright Law, your Virginia personal injury attorneys.
FAQs
Do I need a lawyer to accept a settlement offer?
While an attorney is not required, accepting a settlement without one can have negative results. Initial settlement offers are often low-dollar amounts aimed at closing your claim quickly and for the least amount possible. A personal injury attorney can protect your best interests and fight for the compensation you need and deserve.
Will my personal injury case go to trial?
Personal injury cases generally settle out of court. Settlement negotiation saves both sides time and money. However, there are times a case may go to trial. When it does, your attorney will communicate with you and prepare you for court.
What is the statute of limitations?
The Virginia statute of limitations for personal injury lawsuits is two years from the date of injury. Twenty-four months can pass quickly, and there are generally no other legal options if the deadline expires.
Can I pursue a civil case if the liable party faces criminal charges?
Yes. A criminal charge against the defendant has no bearing on a civil case relating to the same event. A civil claim remains possible, regardless of whether the responsible party is convicted or acquitted.
Questions are expected and welcomed. Your attorney provides clear and consistent communication as you navigate your civil case together. A free case consultation opens the door to communication, making it possible to obtain the answers you seek.
Get Help from Poindexter & Wright Law
Quick action is best for your civil case.
A personal injury event typically happens in seconds, yet the impact is devastating and long-lasting. Pursuing compensation for your mounting medical bills and other damages may cross your mind soon after the traumatizing event.
Victims of negligence must immediately seek medical assistance. Their next step should be to contact Poindexter & Wright Law. The sooner we can review and gather evidence, the sooner we can begin pursuing justice on your behalf.
We offer free consultations for personal injury matters. For all other issues, we offer three options: 1) 15 minutes for $50.00; 2) 30 minutes for $100; 3) 1 hour for $150.00. Have you been in an accident? If so, Poindexter & Wright are the right attorneys to help you on your journey. Now is the right time, so call them in a hurry!
Schedule your free consultation with Virginia personal injury attorneys Poindexter & Wright Law by calling (434) 260-6881 today.