Understanding Fault After An Accident in Virginia
Dealing with a personal injury after a Virginia car crash or other accident in Virginia can be very confusing. You may have many questions about who was at fault and whether you can receive money for your injuries and damages. This article breaks down the basics of "negligence" in Virginia personal injury law so you can understand your options.
Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000.
What Does "Negligence" Mean in Virginia Injury Law?
Negligence is when someone fails to use reasonable care and causes harm to another person. Proper care means acting how an average prudent person would work in the same situation. For example, affordable care for a driver is obeying traffic laws and paying attention to the road.
In a personal injury lawsuit, you (the injured person) have to prove legally:
The other person owed you a duty of reasonable care
They breached this duty through careless actions
Their breach of duty directly caused your injury
You suffered damages and losses because of the injury
If you can show these four things, the other person was “negligent” and may have to pay you money for your damages. Let’s break these down further.
Duty of Care: What Obligations Does the Other Person Have?
The first part of proving negligence is showing the other person owed you a duty of reasonable care. In Virginia, everyone has a general legal duty to act carefully and avoid causing harm to others.
Beyond this primary duty, the specific obligations a person has depend on the situation:
Situation - Duty of Care
Driver - Safe driving
Store owner - Safe premises
Doctor - Competent treatment
So if you trip and fall in a store, the owner needs to keep the premises safe. Or if a doctor misdiagnoses your illness, they breached their duty to treat you competently. Every accident and injury scenario involves specific duties of care.
Breach of Duty: How Did the Person Violate Their Duty?
After establishing what reasonable care looks like for the situation, you need to show how the other person's actions fell short of that standard.
For example:
A driver sending texts breaches the duty of safe driving
An unsafe staircase violates a property owner's duty
A doctor failing to detect cancer ignores proper treatment duties
You need to demonstrate how the person's unreasonable conduct caused the accident that led to your injury.
Proving Causation: Did the Breach of Duty Cause Your Injury?
In legal terms, causation means showing that "but for" the other person's breach of duty, you would have avoided injury. You need to connect their careless behavior to the harm you suffered directly.
For example, if another driver runs a red light striking your car, their breach (running the light) causes your injury. Or if the stairs in an apartment collapse when you walk on them, their unsafe condition (breach) directly causes your fall and subsequent harm.
You may need convincing evidence like photos or witness statements to prove causation. But without it, you likely have no valid negligence claim.
Damages: Identifying Your Injury-Related Losses:
The final part of a negligence claim is showing what harm or losses you endured because of the accident. The legal system calls these losses "damages." Damages come in two broad types:
Economic damages like medical bills, lost wages, etc. Things that directly cost you money.
Non-economic damages like pain, anxiety, loss of enjoyment, etc. It is harder to quantify but still valid compensation claims.
You need to document and quantify these losses as much as possible - coming up with medical expenses, adding up missed work time, describing your emotional suffering, and so on. Objective evidence of damages strengthens your claim.
So, in summary, proving all four legal elements - duty, breach, causation, and damages - establishes valid negligence under Virginia injury law. It's challenging but doable with an experienced personal injury attorney. Let's discuss how Virginia handles negligence situations where both parties share some fault.
Comparative Negligence: What if Both Parties are Partly At Fault?
In some accidents, injured victims bear a small portion of the responsibility. For example, a driver fails to check their blind spot and doesn't see your improperly parked car. Who deserves more blame here?
In these "comparative negligence" scenarios, Virginia unfortunately follows a strict "contributory negligence rule." This rule says if you (the plaintiff) bear any fault, even 1% of the blame, you Lose the right to receive compensation from the other party. So, while their actions may have been more reckless, yours don't have to be equivalent for you to lose your claim.
This is a highly outdated law that only a few U.S. states still follow. Most states now follow variants of "comparative negligence" instead - meaning each party's compensation gets reduced based on their percentage of fault. But Virginia still clings to this firm, no-leniency rule, placing the entire burden on victims.
Realizing this reality, injured persons need to:
Make sure they didn’t contribute in any way to the accident
Carefully investigate causes to build a convincing negligence argument against just the other party
Seriously consider finding an experienced personal injury attorney to navigate Virginia’s tricky legal waters
Remember, car insurance companies know this game all too well. They will pounce on even the tiniest shred of victim fault to deny claims. So, developing an air-tight negligence case against solely the other party is crucial when challenging unfavorable outcomes.
Steps to Take After a Virginia Injury Accident
Beyond pursuing legal action, what steps should you take to protect yourself after getting injured in Virginia? Here is a checklist:
Ensure you receive urgent medical care if needed
Call police/paramedics and file an official report if warranted
Take photos documenting injuries, property damage, unsafe conditions, etc.
Exchange insurance and contact information with all involved parties and witnesses
Note down circumstances ASAP so important details aren’t forgotten
Consult a personal injury attorney about the next best steps based on your unique situation
You want to create a paper trail backing up your recollection of what happened. If you eventually pursue a negligence claim or insurance settlement, physical proof enhances credibility.
As mentioned earlier, having legal guidance maximizes your likelihood of receiving fair compensation under Virginia’s restrictive negligence laws. So, line up reputable representation from the start.
Key Takeaways
Negligence involves failing to use reasonable care, causing injury to someone else
You must legally prove duty, breach, causation, and damages to claim negligence
Virginia uses "contributory negligence,” meaning ANY victim fault defeats compensation rights
So you must completely absolve yourself of blame and pin it solely on the other party
Take proactive steps immediately after an accident to boost resolution success later
Hopefully, this breakdown gives you a better grasp of navigating Virginia's personal injury cases. Feel free to explore the FAQs below for more specifics. Don’t hesitate to arrange a personal injury consultation if you or a loved one endures an accident leading to harm or economic loss. There are always options worth investigating with the proper guidance.
Frequently Asked Questions
What Should I Do Immediately After A Car Accident In Virginia?
First, ensure everyone receives needed medical attention. Call 911 to summon paramedics if injuries seem severe or life-threatening. You should also contact the police to file an official accident report. Take photos documenting property damage, skid marks, weather conditions, and anything else relevant to what happened. Exchange contact and insurance details with other involved drivers. Jot down your recollection of events ASAP before your memory fades. Seek medical evaluations even for minor pains, which may worsen over time. Finally, contact a Virginia personal injury lawyer to discuss your legal options.
How Long Do I Have To File A Personal Injury Lawsuit In Virginia?
Virginia statute of limitations gives you two years from the accident date to file a personal injury lawsuit. This deadline is called the “statute of limitations.” The clock starts ticking the moment you suffer harm. So don’t delay beginning the claims process with insurance companies or consulting attorneys regarding litigation strategy. Time may limit your recovery options if you wait too long.
Can I Claim Compensation If I'm Partially At Fault In Virginia?
Unfortunately, Virginia follows the “contributory negligence” doctrine. So if you bear ANY fault in causing the accident leading to injury, even 1%, you lose eligibility to receive damage compensation from other negligent parties. Virginia remains in the minority of U.S. states following this antiquated rule. Most states have transitioned to “comparative negligence” that reduces payouts based on degrees of fault. But in Virginia, any contribution of blame by the injured victim - however slight - still destroys their legal right to recover losses through negligence claims.
What Types Of Damages Can I Recover In A Personal Injury Case In Virginia?
You can make claims in Virginia courts for compensatory damages, meaning losses relating directly to your injury. There are two kinds - “economic damages” covering quantifiable monetary costs like medical bills, lost income, etc. There are also “non-economic damages,” which are intangible yet still payable losses like pain and suffering, emotional distress, loss of companionship, and diminished quality of life. Punitive damages, especially reckless behavior, are rarely awarded in Virginia. So, most cases come down to negotiating fair settlements covering your tangible and intangible compensatory losses.
Is Hiring A Personal Injury Lawyer In Virginia For My Case Necessary?
It’s not legally required, but having dedicated legal representation dramatically improves your chances of maximizing recovery payouts. Personal injury law brings complex procedures and rules best navigated by seasoned attorneys. Large insurance companies deny or minimize claims through their experienced legal teams. Legal advocates help injured victims stand up to negligent parties in courtrooms and settlement proceedings. Reputable personal injury firms work on contingency, charging fees only when securing compensation for your losses. So, the benefits typically outweigh any initial costs or perceived risks.
Selecting a Personal Injury Attorney in Virginia
Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven lawyers today at 540.345.2000 for your free consultation.
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