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Virginia Personal Injury Lawyer

If you have been injured and you believe that someone else is at fault, you likely have questions about how to pay for your medical care, and how to pursue damages from the person(s) who caused your injuries. An injured person may have a long recovery ahead, which can include steep medical bills, interference with your work and daily activities, pain, physical limitations, and potentially mounting debt.  You may also be unable to work and unsure of when, or if, you will be able to return to your job.  Medical and other expenses can quickly spiral out of control, especially in cases where an injured child now faces a lifetime of medical needs. If you have lost a loved one due to someone else’s negligence, you may be able to pursue damages for the losses that you have suffered as a result of their wrongful death. No matter what kind of personal injury case you have, if you are in a situation where you or a family member has been injured and someone else is at fault, contact our office. He and the other Virginia personal injury lawyers in his team are ready and willing to help you in your pursuit of compensation and civil justice in the Commonwealth of Virginia.

A great number of injury cases in Virginia arise from motor vehicle accidents. According to the Virginia Department of Motor Vehicles, there are more than five million licensed drivers in Virginia and the Commonwealth logged a total of 123,579 reported collisions in 2012.  Those incidents resulted 67,000 injuries and 775 deaths. Click here to view a pdf copy of the full report on state accident statistics.

Other types of injury cases include slip and fall incidents and other premises liability cases, injuries caused by defective products, nursing home abuse, medical malpractice, and dog and animal bites. If you have been injured in any of these situations as the result of another person’s carelessness, recklessness, or negligence, a Virginia personal injury attorney may be able to help you to receive compensation.

Common Personal Injury Cases in VA

In the Commonwealth of Virginia, negligence forms the basis for most personal injury lawsuits. Negligence is, in the simplest terms, the failure to use ordinary care. Some of the most common types of personal injury cases include:

  • Motor Vehicle Crashes – Driving recklessly or carelessly, such as talking on a cellphone or texting while driving, speeding, failing to yield the right-of-way, failing to obey posted traffic signs, or making an unsafe lane change, can lead to a collision resulting in serious or catastrophic injuries — especially when a truck is involved;
  • Car Accidents– When someone drives negligently and puts you in danger you may be able to recieve damages. Call today to learn more.
  • Slip and Fall Accidents – Such as when someone fails to clear spilled liquid from a tile floor in a grocery store, leaves snow and ice to accumulate on a public walkway or stairs, or fails to warn of a dangerous condition;
  • Dog Bites – Dogs without leashes or with otherwise improper containment may be able to reach and harm adults and children.
  • Product Liability – Injury due to products that are dangerous when used as intended, or where a manufacturer fails to warn consumers of an unreasonable risk of harm or that misuse of a product can result in injury;
  • Medical Malpractice – When a medical professional acts negligently causing injury or death, such as failing to keep a sterile environment, misdiagnosing a serious illness, or making surgical errors;
  • Workers’ Compensation – When employees are injured in an accident that occurred on the job;
  • Drug Liability – Negligently manufacturing or prescribing a drug, failing to warn a patient or consumer of the potential side effects or interactions with other medications, or failing to warn patients about known risks associated with a drug;
  • Nursing Home Abuse – Failing to properly care for a patient or protect patients;
  • Child Abuse– Those who cause harm to children and/or the individuals and institutions that fail to properly shield and protect children from physical, emotional, or sexual abuse;
  • Injury Due to Intentional Act – Assaults, robberies, and other criminal or reckless acts resulting in personal injuries to another person.
  • FTCA Claims – This kind of claim for injuries caused by government employees is based on the Federal Tort Claims Act (FTCA).

Each of these types of injuries can form the basis for a personal injury lawsuit in Virginia. Contact a Virginia personal injury attorney for a free consultation to discuss your potential injury case.

Injuries that May Result in Damages in VA

An injured person can recover for various damages in a personal injury lawsuit. Objective physical injuries – such as broken bones or paralysis — are the easiest to prove via x-rays, MRIs, CT scans, and other diagnostic medical tools. However, subjective injuries – such as dizziness, headaches, mental and emotional trauma, Posttraumatic Stress Disorder, and depression — can also be assessed a monetary value. At the core of the issue is whether the person who you believe caused your injuries was negligent, reckless, or careless, and whether you can prove that their actions or failures to act resulted in your injuries.  The element of causation is often the most difficult to prove. For example, if you injured your knee skiing, and then a few days later you are in an automobile accident and injure your same knee, you will have to show that the car accident, and not the skiing accident, caused your injuries. You have to be able to demonstrate that you suffered injury as a result of their negligence or carelessness. Here is information on things that might jeopardize your claim.

The type of injury you suffer and the extent of your injury directly impacts the compensation that you may receive.  This is part of why it is so important for you to speak with a dedicated Virginia personal injury attorney. A Virginia personal injury attorney will be able to go over the specific details of your case and give you an honest assessment of any potential problems with your case, and how best to proceed. Compensable injuries can include, but are not limited to:

  • Broken bones;
  • Traumatic brain injury (see CDC page here), concussions, headaches;
  • Spinal cord injuries;
  • Cuts and scarring;
  • Internal injuries;
  • Sprains, strains, and torn muscles;
  • Bedsores;
  • Surgical complications, errors, and infections;
  • Misdiagnosis/missed diagnosis;
  • Burns;
  • Mental distress and post-traumatic stress;
  • Loss of function and/or range of motion;
  • Other physical impairments; and
  • The death of a loved one.

What Can I Collect?

Every personal injury case is different and no reputable attorney will make or provide any guarantee of any certain outcome. However, there are some general damages that the Commonwealth of Virginia recognizes in most successful personal injury claims. These include:

  1. Medical Bills and Future Medical Expenses – This includes doctor bills, nursing and other care, prescriptions, medical devices — such as crutches or a wheelchair — hospice care, or any other medical needs related to the injury, including future medical bills;
  2. Lost Wages and Loss of Future Earning Capacity – This includes the direct lost wages due to the accident and the amount of wages that are expected to be lost in the future.  This could also include potential income for people who can no longer work or for children who will never be able to work and support themselves;
  3. Pain and Suffering – This is related to both the physical and mental anguish caused by the incident and your injuries, and can include both past and future pain and mental anguish;
  4. Humiliation and Embarrassment Resulting from Disfigurement and Deformity – This can include any disfigurement or deformity caused by your injuries, and the humiliation and embarrassment resulting therefrom. The Supreme Court of Virginia has held that an injury causing a plaintiff to carry her arm in a distorted manner could constitute a “deformity.” See Armistead v. James, 220 Va. 171, 257 S.E.2d 767 (1979);
  5. Property Damage – This can include the loss of a vehicle in an auto accident or damage to other personal property, such as a laptop computer, if you were struck while walking or riding your bike.

Why Do I Need a Personal Injury Attorney in VA?

Nearly any time that you are injured as a result of someone else’s negligent act, you will be dealing with the at-fault party’s insurance company. The insurance company will begin an exhaustive investigation almost immediately, and many insurance companies will pressure you to give a recorded statement about the incident. Insurance companies hope that in giving a statement, you will say something that will absolve their client of liability, or that you will admit that you were partially responsible for your own injuries. The insurance company may also attempt to get you to settle your claim quickly, knowing that you may be desperate for money to pay your medical bills, and that you are not yet aware of the full extent of your injuries or your future needs.

When you hire a Virginia personal injury attorney at Price Benowitz, we will begin an investigation right away through gathering evidence, examining the scene, interviewing witnesses and collecting and reviewing your medical records.  We will also deal with the insurance company so that you will not be pressured to make a statement or settle when you haven’t yet discovered all of the relevant facts.  Having an attorney fighting for your rights will give you the best chance of obtaining the compensation that you deserve in your case. Here are notes on how to prepare for trial.

Areas Served

Call An Injury Attorney in Virginia Today

If you have been injured in Virginia due to someone else’s negligence, call an attorney to schedule a free, initial legal consultation. By placing that call, you will be taking the first step to protect not only your own rights, but your future well-being and the rights of your family. In a perfect world all individuals and organizations would take responsibility for their errors and provide victims of their negligence with the compensation that they deserve. In reality, this rarely happens without legal intervention. It is important to remember that civil litigation not only addresses your need for compensation, but that it also serves as a catalyst for at-fault parties to address and rectify whatever dangerous or hazardous condition or behavior led to your injuries. This means that the action you take now will protect others in your community in the future. Call our office today to find out more about how he can best assist you.