Personal Injury FAQ
Frequently Asked Questions
1. What is the personal injury law in Virginia?
Virginia's Personal injury law covers cases where an individual has been harmed due to someone else's negligence, intentional actions, or strict liability.
2. What types of cases fall under personal injury law?
Personal injury cases include car accidents, slips and falls, medical malpractice, product liability, etc.
3. How long do I have to file a personal injury lawsuit in Virginia?
The statute of limitations in Virginia is generally two years from the date of the injury, but exceptions may apply.
4. Can I still recover damages if I'm partly at fault for the accident?
Virginia follows the doctrine of contributory negligence, which can bar recovery if the injured party is found even slightly at fault.
5. What damages can I claim in a personal injury case?
In some cases, you can claim damages for medical expenses, lost wages, pain and suffering, property damage, and punitive damages.
6. What is the "collateral source rule" in Virginia?
This rule allows you to recover damages even if you have insurance coverage that pays for your medical expenses.
7. Should I speak to the insurance company without an attorney?
It's generally recommended to consult with an attorney before speaking to the insurance company to protect your rights.
8. How do I prove negligence in a personal injury case?
To prove negligence, you must show that the defendant owed you a duty of care, breached that duty, and the breach caused your injuries.
9. What is Virginia's cap on damages in medical malpractice cases?
Virginia has a cap on non-economic damages (pain and suffering) in medical malpractice cases, which changes yearly.
10. Should I go to court for a personal injury case?
Not necessarily. Many personal injury cases are settled through negotiations without going to court.
11. Can I file a personal injury claim against a government entity in Virginia?
Yes, but there are specific rules and shorter deadlines for filing claims against government entities.
12. How much does it cost to hire a personal injury attorney?
Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
13. What's the first step I should take after being injured in an accident?
Seek medical attention immediately, document the accident scene, gather witness information, and consult an attorney.
14. Can I still file a claim if the accident was partially my fault?
Virginia's contributory negligence law can make it difficult, but consult an attorney to assess your situation.
15. What if the at-fault party doesn't have insurance?
You can file a claim with your own insurance if you have uninsured/underinsured motorist coverage.
16. Can I sue for emotional distress alone in Virginia?
Virginia law generally requires physical injury and emotional distress for a successful claim.
17. What is the "discovery rule" in Virginia personal injury cases?
The discovery rule extends the statute of limitations if the injury isn't immediately apparent.
18. Can I file a personal injury claim for a deceased family member?
You can file a wrongful death claim to seek compensation for losing a loved one due to negligence.
19. Is there a limit to when I must sue for injuries from a defective product?
Virginia has a statute of repose that limits the time you have to sue for injuries caused by a defective product.
20. How do I choose the right personal injury attorney in Virginia?
When selecting an attorney, look for experience, a track record of success, a willingness to communicate, and a transparent fee structure.
21. How long does resolving a personal injury case in Virginia typically take?
The duration of a personal injury case can vary widely based on factors like the case's complexity, negotiations, and court availability.
22. What's the role of insurance in a personal injury case?
Insurance often plays a crucial role in compensating the injured party. This might involve negotiations with the at-fault party's insurance company.
23. What should I do if I receive a settlement offer from the insurance company?
Before accepting any settlement offer, consult an attorney to ensure it covers all your damages and future expenses.
24. Are there any specific laws that affect motorcycle accident cases in Virginia?
Motorcycle accident cases can have unique legal considerations, such as helmet laws and lane-splitting regulations.
25. How do I document my injuries and recovery for the claim?
Detailed medical records, photographs of injuries, journaling pain levels, and medical receipts can help strengthen your claim.
26. What happens if the at-fault party is uninsured?
Uninsured motorist coverage on your insurance policy can help cover damages if the at-fault party doesn't have insurance.
27. Can I file a personal injury lawsuit for a minor in Virginia?
Yes, a parent or legal guardian can file a lawsuit on behalf of a minor who has been injured due to negligence.
28. Can I seek compensation if I was injured in a workplace accident?
Workers' compensation typically covers workplace injuries, but in some cases, you can file a personal injury claim against a third party.