Do I Have a Valid Virginia Personal Injury Case?

Determining whether you have a valid personal injury case in Virginia depends on a carefully analyzing of the circumstances surrounding your injury, the actions of the responsible party (defendant), and the resulting harm.

Virginia law lays out specific requirements for proving a personal injury case, including negligence, causation, and quantifiable damages.

Understanding Virginia Personal Injury Cases

In order for a personal injury claim to be valid in Virginia, the plaintiff (injured party) must demonstrate the following:

Duty of Care: This means the defendant had a legal obligation to act in a manner that prevents harm to other people. Virginia Code § 8.01-34 outlines liability concepts that tie into an individual’s legal responsibility for their actions.

Breach of Duty: The defendant did not meet the standard of care expected in the situation. A breach could occur through an action (e.g., running a red light) or omission (e.g., failing to fix a hazardous condition on a property).

Causation: This means that there needs to be a direct link between a defendant’s breach of duty and the plaintiff’s sustained injury. Virginia law requires proof of both:

• Actual Cause: The injury wouldn’t have occurred in not for the defendant’s actions.
• Proximate Cause: The injury was a foreseen result of the defendant’s actions.

Damages: The plaintiff must show actual harm, such as physical injury, emotional distress, and other financial losses related to an injury. Without demonstrable damages, there’s no basis for compensation.

Types of Personal Injury Cases in Virginia

Some common personal injury claims include:

• Car Accidents: When another driver’s negligence causes a collision, injured parties may have a claim. Virginia is an “at-fault” state, meaning the responsible driver’s insurance typically pays for damages.
• Slip and Falls: A property owner can be liable for injuries on their premises if hazardous conditions were present and the owner failed to address them.
• Medical Malpractice: Healthcare providers can be held accountable if their negligence results in harm to a patient. Virginia imposes specific statutes for malpractice claims, such as a $2.5 million cap on damages (Virginia Code § 8.01-581.15).
• Defective Products: Manufacturers may be liable for injuries caused by a defective or dangerous product under Virginia’s product liability laws.

Virginia’s Contributory Negligence Rule

One very important aspect of any Virginia personal injury case is the doctrine of contributory negligence.

Virginia is one of only a few states that adhere to this strict rule. Under contributory negligence, if the plaintiff is found to be even 1% at fault for their injury, they cannot recover any compensation.

This makes it particularly important to work with an attorney to demonstrate that the defendant was entirely at fault and to mitigate any claims of contributory negligence. The doctrine is established under Virginia case law which highlights the state’s strict approach to fault.

In Smith v. Virginia Electric and Power Company, 204 Va. 128 (1963), the court held that a plaintiff who contributes to their own injury, even minimally, cannot recover damages.

Statute of Limitations for Personal Injury Claims

In Virginia, the injured party generally has two years from the date of injury to file a personal injury lawsuit. Missing this legal deadline will most likely result in the court dismissing your case, regardless of its merit. Virginia Code § 8.01-243(A) outlines the statute of limitations for personal injury cases.

• In cases involving minors, the statute of limitations may be extended until the minor reaches 18 years of age.
• Claims against a government entity have different notice requirements and shorter deadlines under Virginia Code § 8.01-195.6.

Proving a Personal Injury Case

To strengthen your case, you must collect and present evidence that supports each of the four elements mentioned earlier.

1. Accident Reports: Documentation like a police or animal control report, helps to establish the facts and often helps to identify who was at fault.
2. Medical Records: Detailed records of the injuries that you sustained and the treatment you received are crucial for proving damages.
3. Photographs/Videos: Visual evidence of the scene, injuries, and any contributing factors (e.g., slippery floors or vehicle damage) is compelling.
4. Eyewitness Testimony: Statements from people that witnessed the accident can corroborate your account.
5. Expert Testimony: In cases like medical malpractice, expert witnesses may be needed to explain how the defendant’s actions deviated from accepted standards of care.

When to Hire a Virginia Personal Injury Lawyer

Virginia’s personal injury laws can be unforgiving, especially with contributory negligence rules. An experienced Virginia personal injury lawyer can help evaluate your case, gather necessary evidence, and develop a strategy for overcoming potential obstacles.

Virginia personal injury attorney Richard Serpe has devoted his 37-year legal career to assisting injured victims and their families.

He’s earned a reputation as a well-respected, hard-working attorney with a tenacious approach to every case he takes on.

Richard Serpe has a track record of success in obtaining favorable settlements and verdicts for his clients.

Awards and Recognition

• Best Lawyers® : (2005 – Present)
• Super Lawyer : (2006 – Present)
• Martindale-Hubbell: AV Preeminent Rating
• Avvo.com: Rated 10/10 – “Superb”

Contact the Law Offices of Richard J. Serpe, PC for a free consultation to discuss your situation.