What is Personal Injury?
“Personal injury” is a fairly broad term, so it helps to put it in simple terms. Someone suffers bodily injury due to the actions of another person. The formal definition is physical injury inflicted on a person’s body, as opposed to damage to property or reputation.
This could mean all sorts of things, including but not limited to the following:
- You were blindsided and hospitalized by a car.
- You had to have extensive and painful surgery because your doctor failed to notice an easily recognizable medical condition in its early stages.
- Your house burned down due to a design flaw in a product manufactured by some corporation.
One of the keys in figuring out whether or not a personal injury case is valid is by determining whether the party at fault’s actions were negligent, which means that they acted in a way that no normal and conscientious person would. Negligence means failing to take proper care in doing something, or, in legal terms, failure to use reasonable care, resulting in damage or injury to another.
Valuable information about Virginia personal injury cases.
In a personal injury case in Virginia the plaintiff (which is the injured person) must prove that their injury was caused by the carelessness or negligence of another person. If the plaintiff was at fault AT ALL then they will not get any compensation due to Virginia’s law of contributory negligence.
Expert testimony is often needed to prove some parts of your case to the jury. Usually you will need an expert to prove things that are beyond a layman’s knowledge. This may include showing how badly you were injured and how your ability to be employed is being handicapped.
We like to file suit as quickly as possible. In large cases the insurance company will always use delaying tactics to wear down the plaintiff so they will take less than they deserve. So there is no point in waiting until the statute of limitations is about to run out. Some lawyers have problems because they wait too long to file and there are problems with their case that can’t be fixed in time.
After the lawsuit is filed then both sides start a legal process called discovery. Each side is allowed to investigate what the other side will say at trial. The defendant will get access to your past work and medical history and income records. The plaintiff will have to go under oath and give a deposition, and may also be required to get examined by a doctor of the defendant’s choice.
The defendant will also have to go through discovery in a similar fashion, with an investigation of their background and providing a sworn statement about what happened.
What To Do If You’re Involved in a Personal Injury Accident in Virginia
In a perfect world, people would be mindful of their actions and there would be no situations as accidents and injuries, but as it stands right now, every day there are people who die or are injured due to another person’s carelessness. Dealing with these types of situations can sometimes be a hassle, but there are simple steps that you can take to ensure that your claim is settled quickly and easily.
With any injury, whether it’s at work, a car accident, or other type of injury, the first thing you want to do is write down everything you can remember regarding the incident while it’s still fresh in your mind. Take note of the environment, all circumstances leading up to the accident, and contact information of any witnesses that were in the area.
The second thing you’ll want to do is take pictures of the scene of the accident. This will be submitted as evidence if needed. Because Virginia is one of the states that follows the contributory negligence law, you may not recover damages if you contributed even a little bit to the accident.
Richmond, Virginia Personal Injury Accident Lawyer
Dealing with an injury by yourself can become extremely stressful, especially if you’re trying to recover physically, emotionally, and mentally. It’s important to have a Virginia personal injury accident lawyer who can help make the process much easier to handle. A lawyer can sort out all the details of the accident and negotiate with the insurance company to make sure you receive fair compensation to cover medical bills and damages.
If you have any questions at all regarding a personal injury claim in Virginia, don’t hesitate to contact a lawyer who is committed to taking care of clients.
More Personal Injury Resources:
Frequently Asked Questions:
- Should I give a recorded statement about my personal injury?
- Can I get a second opinion about my lawyer and how he is treating my personal injury case?
- What if I can’t afford to pay my doctor to treat all my injuries?
- After I slipped and fell while shopping at a convenience store, my friend said I might have a tort case. What exactly is a tort?
- If injured by someone else’s fault, what am I entitled to?
- What Richmond VA lawyer Attorney Wayne O’Bryan Can Do For You
- Dangerous by Design, Solving the Epidemic of Preventable Pedestrian Deaths [PDF]
- You can get money from the insurance company for your lost wages claim.
- O’Bryan Law can help you solve the problems that arise when you are in an accident.
- Dealing With Insurance Adjusters in a Richmond Personal Injury Case
- Seven Step Personal Injury Process