Personal Injury Law in Richmond, VA

Were you hurt due to another’s negligence in Richmond? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Richmond, VA can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Richmond relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Richmond, VA

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Richmond 

The Virginia Department of Health found that the leading cause of injury in Richmond, VA was falls, followed by motor vehicle accidents, poisoning, being struck by or against an object, and firearms. The highest rate of injury-related hospitalizations are for people over the age of 75. Injury-related deaths are primarily from motor vehicle accidents and falls.

Steps in a Personal Injury Lawsuit in Richmond, VA

Once you determine that you wish to proceed forward with a personal injury action in Virginia

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

The Richmond Circuit Court has jurisdiction over all civil cases, including personal injury, involving $25,000 or more. Cases involving less than $4500 are under the jurisdiction of the Richmond District Court. Cases involving damages between $4500 and 25,000 can be heard in either court.

Virginia Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations. Rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.

According to the Virginia Department of Health, the average length of an injury-related hospital stay is 5 days. Typically, with an average cost of $35,000 to $56,000. Potential settlement amounts would incorporate actual damage costs such as these, as well as any potential pain and suffering amounts.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in VA, that means you risk not receiving any compensation at all.

Damage Awards in Virginia

If your Virginia personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.

Punitive damages are the most rare and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Virginia does not cap pain and suffering damages, with the exception of medical malpractice, which is limited to $2 million for total damages. Punitive damages are limited to $350,000.

Statute of Limitations in Richmond, VA Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The typical statute of limitation for personal injury in VA is 2 years from the date or discovery of the injury. The state has a number of factors that can alter this timeline, however, so it is important to consult with an attorney about the specific timelines applying to your case.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Richmond, VA Lawyer

Pursue a personal injury claim in Richmond against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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