Virginia Personal Injury Lawsuit
In What Situations Should I File a Personal Injury Lawsuit in Virginia?
Never hesitate to contact a personal injury lawyer if you have been hurt and feel as if someone else is to blame. Reputable firms offer free initial consultations, so there is no fee to get your questions answered and to determine if you have a case.
If you’re still unsure about whether filing a lawsuit makes sense or if you really need to talk to a lawyer, here are some important signs that you may actually have a case:
- You would not have suffered harm or damages if someone else acted differently.
- An individual, or their insurance company, has offered you compensation.
- The compensation offered seems inadequate.
- An insurance company has contacted you to discuss the incident.
- You know that someone else caused your injuries, but they are unwilling to admit fault or offer compensation.
What Are the Steps in a Virginia Personal Injury Lawsuit?
If you decide to go ahead with a lawsuit, your case will go through the Virginia courts, although you may never have to go to trial.
Most personal injury cases proceed through some or all of these steps:
- Consulting with your lawyer
Before you file a lawsuit, you’ll talk to your lawyer and provide all the information they need to build a case. You will discuss your options, and your lawyer will give you an estimate on the likely outcome based on their experience. - Filing the complaint
Next, your lawyer will make the lawsuit official by filing a complaint. This lists your allegations against the defendant and notifies them of the suit. - Building a case
The complaint begins a period known as discovery. Your lawyer and the defendant’s lawyer will begin building a case to prove or disprove negligence and liability. Discovery includes investigations, working with experts, talking to witnesses, holding depositions, and sharing information. - Negotiating a settlement
If possible, your lawyer will get you a settlement to avoid trial. Trials take longer, and if a fair offer is made, you can get compensated sooner. Settlements may fail, however, which means you will have to take your case to court for compensation. - Going to trial
In court, your lawyer presents information, witnesses, and experts to prove the defendant caused your injuries and damages. The other side will try to disprove this and even prove that you were to blame. A jury will decide and award compensation if it rules in your favor. - Appealing
Either side can appeal a verdict and take it to a higher Virginia court. If this happens, your case will take longer to resolve.
What Do I Need to Prove Negligence and Liability My Case?
The foundation of a personal injury case is proof that the defendant was negligent in causing your injuries and is liable for resulting damages. Your lawyer must prove four basic points:
- The defendant had a duty to act in a certain, reasonable way, such as following traffic laws when driving.
- The defendant breached that duty, for instance, by failing to stop at a stop sign.
- That breach resulted in your injuries.
- The injuries caused you significant damages, most often medical expenses in a personal injury case.
Is There a Statute of Limitations for Personal Injury Lawsuits in Virginia?
The statute of limitations in Virginia is two years for filing a personal injury lawsuit. The clock starts at the time you sustained injuries. This limitation is why it is so important to talk to a lawyer as soon as possible.
How Much Money Can I Recover?
Your lawyer will make a reasonable estimate of what you can expect to recover in damages from your lawsuit. The estimate is based on past experience but also the individual factors in your case:
- The extent of your injuries
- If you have a permanent disability or disfigurement
- Your actual medical bills
- Expected future medical costs
- Lost wages
- Expected future reductions in income
- Emotional and physical pain and suffering
You should be aware that Virginia has a strict comparative negligence rule. If the court finds you had any part of the blame in the incident, even a small amount, you cannot recover damages.
Examples of Virginia Personal Injury Lawsuits
Recent and notable cases in Virginia can give you a good idea of what is possible for victims of negligent actions. All cases are unique, and these don’t have a bearing on your outcome, but they help you understand the potential for your case:
- Personal injury lawsuits don’t always involve physical injuries. In 2020, the state of Virginia settled with a man for $900,000 for an incorrect conviction. The man was convicted of improper boating in an incident that led to someone else’s death. He was later cleared and then sued the state for damages.[1]
- In 2019, John Kinlaw won a jury verdict of $1 million for injuries sustained while incarcerated. He broke his hand playing in the recreation yard but didn’t receive proper treatment. He sued Armor Correctional Health Services for negligence.[2]
- In 2008, the families of the victims of the Virginia Tech shooting settled with the state for $11 million. They alleged that the university delayed warning people on the campus of what was happening on the tragic day. If they had responded more quickly, the families argued, some lives would have been saved.[3]
These and other cases in Virginia show how important it is to have a good legal team backing your personal injury lawsuit. The right lawyer or firm will make sure you recover what you need after a terrible accident.