A personal injury case is a case where a person was hurt because of the actions of another
person or a company. As it is put sometimes, "you were hurt through no fault of your own".
There are two parts to a personal injury case. The first part is who caused the injury, or the liability, and the second part is what
did the person lose because of the injury or the damages.
Liability
To be successful in a personal injury case, you must prove that someone was negligent. Negligence is the "failure to use ordinary
care." This means that the person who caused your injuries did something that an ordinary person would not have done. It can
also mean that the person who caused the injury did not act when they had a
duty to do so and that this lack of action caused the death injury.
For example, in an automobile case, you must prove the other driver was at fault because he or she did not follow the rules of the road, he
ran a stop sign, or he came in to your lane.
In addition to proving that the other person caused the collision
to occur, you must also show that the injured person did not do something
that contributed to causing the collision. Virginia is one of three states
that has this strict rule of Contributory Negligence. That means that if
you contributed to the cause of the collision, you may not make a recovery for your injuries. For example if another person pulled out
in front of you, but you were going 20 miles over the speed limit, your action could be found to have contributed to the collision and
you would be barred from making a recovery.
Damages
If you can prove that the other person was at fault, you then are entitled to be compensated for your injuries. In a personal injury
case Virginia law allows you to be compensated for:
- Medical Bills
- Property Damage
- Lost Wages
- Pain and Mental Anguish
- The Injury and its Effect on your Health
- Inconvenience
- Scarring and Disfigurement and any Associated Humiliation
- You may also be compensated for any future losses that you can prove.
Types of Personal Injury Cases
Click on any of the following types of cases for more information about your area of interest:
3500 Grove Avenue, Suite 108 • Richmond, Virginia 23221 • tel: 804.254.5600 • fax: 804.254.5652
141 Ednam Drive, Suite 100 • Charlottesville, Virginia 22903 • tel: 434.972.9090 • fax: 434.972.9091
Toll Free: 866.955.5600
Home | Personal Injury | Wrongful Death | Our Attorneys | Free Reports
News Articles | Pro-Bono | Newsletter | Useful Links | Contact Info
Copyright © 2007
Whitehead Warren
All Rights Reserved. |
|