Personal Injury Law in Virginia Beach, VA

Were you hurt due to another’s negligence in Virginia Beach? 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 Virginia Beach, 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 Virginia Beach 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 Virginia Beach, 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 Virginia Beach 

With a massive yearly influx of tourism, Virginia Beach has seen a tremendous amount of auto accidents due to sheer volume of people in the city. Auto accidents represent the most significant cause of unintentional injuries. In fact,  13 News Now reports the residents in Virginia Beach have been petitioning their local governments to clean up intersections that have become dangerous points for motorists and pedestrians.

Steps in a Personal Injury Lawsuit in Virginia Beach, 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 Virginia Beach Circuit Court generally hears the personal injury claims filed by residents of the county. An experienced personal injury attorney in Virginia Beach can best help you through this process.

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 factors that impact the final amount.

Establishing an average for personal injury awards in Virginia Beach is very difficult. This is due to the fact that every personal injury case has its own unique set of circumstances, and the uniqueness of each case is what affects how the judge will respond. It’s important to remember that most personal injury cases settle out of court before they ever go before a judge.

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 compensate you for the pain and anguish.

Punitive damages are the most rarely awarded 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. 

There are no damage caps in place when dealing with pain and suffering in Virginia. The only exception to this is in regards to medical malpractice suits. In this case, there is a cap of $2 million in place.

Statute of Limitations in Virginia Beach, 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.

Virginia has a 2-year statute of limitations for a personal injury claim. Virginia Beach residents must file within this time frame, or risk having their claim dismissed by the court.

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 Virginia Beach, VA Lawyer

Pursue a personal injury claim in Virginia Beach 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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