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Personal injury laws in Virginia and obtaining compensation

On Behalf of | Jan 10, 2023 | Personal Injury |

If you have been involved in an accident and you were injured as a result of another drivers negligence, you don’t need to sit back and suffer in silence. You have options that may yield a brighter future. When it comes to suing the other person and seeking compensation for your personal injuries, it is your right to sue but you must file the lawsuit within two years after the accident.

Your lawsuit can cover personal injury and/or damage to your property. If you are going after the other person for damages to your property, you must file your lawsuit within five years after the accident. However, there are some cases in which the time period can be extended, depending on the circumstances.

Which Virginia court handles personal injury claims?

If you are suing a negligent driver in Virginia, your case will be handled by a state court.

If you are suing a driver who caused an accident in which you were injured, you will need to prove that the other person was negligent based on what a reasonable person would or would not do in a similar situation. In order to prove negligence, you would have to prove that the other person did not do their duty of care, which subsequently led to your being injured.

What is contributory negligence?

According to the laws of Virginia, if you (as the injured person) are determined to be in any way responsible for the accident or injury, even if your contribution is minor, your case will be dismissed. According to the law, there is no leeway. Some of the other states across the country have a more flexible version of the law but Virginia has never amended this law since the beginning. According to Virginia law, the only way that you will be awarded compensation is if the other person is found to be 100% at fault.

Solid legal advice from a Virginia personal injury attorney

If you have been injured in an accident and you believe that another person has been negligent and is responsible for your injuries, the consequences for you may render you unable to work and thus you will be faced with physical, emotional and financial hardship that may follow you indefinitely. In such a situation, the advice of an experienced Virginia personal injury attorney may prove to be invaluable to your case. The attorney can acquaint you with the process and help you to make sure that your rights are protected at the same time.