Campbell County Personal Injury Lawyer
Suffering a personal injury is something nobody anticipates. Fortunately, there is potential for legal recourse for any damages suffered. For assistance with your legal action, consult with a Campbell County Personal Injury lawyer.
If another person injures you, you may be entitled to monetary damages. A skilled attorney increases your chance at a successful lawsuit. Their knowledge of the law and the court system provides an immediate advantage.
Suing for Personal Injuries
Plaintiffs may bring a lawsuit for Personal Injuries under negligence or intentional tort. An injured person seeks remedies for both of these in civil court. A Campbell County attorney will pursue the best lawsuit for their victim’s personal injuries.
Negligence results from a defendant’s failure to use ordinary care as a reasonable person would have. The circumstances causing the injury determine the reasonableness of the defendant’s actions. Common negligent lawsuits for personal injuries arise under the following circumstances:
- Car accidents
- Pedestrian accidents
- Slip and falls
- Medical malpractice
- Premises liability
Intentional torts occur when the defendant acts with the intention to harm another. To establish an intentional tort, the plaintiff must prove the defendant acted with the purpose of harming the plaintiff.
Damages for Personal Injuries
The circumstances causing the injury dictate which damages the injured party may recover. A person injured by another can work with an attorney in Campbell county to determine the available damages.
Damages available in a negligence action include special damages, general damages, and punitive damages. In an intentional tort lawsuit, a plaintiff may recover the same damages as negligence. However, they may also recover nominal damages.
Special Damages
Special damages are identifiable losses from the date of the accident until settlement or trial. These include medical bills, including medical care and prescription drugs, past and future lost wages, and property damage. A plaintiff should keep track of these costs as they arise.
General Damages
Damages that do not have an exact dollar amount and may be hard to define are general damages. These damages include:
- Pain and suffering: When the injury causes a plaintiff to be in pain, the plaintiff recovers an amount in line with the length and amount of pain they suffered
- Diminished Quality of Life: A plaintiff may recover damages when their injuries cause them to alter their lives. Diminished quality of life includes the injury’s impact on the plaintiff’s daily life, enjoyment of life, and mental and emotional well-being
- Loss of Consortium: The spouse or children of the injured person brings a loss of consortium claim. A spouse can recover for the damage to their relationship with the injured party. Meanwhile, a child may recover for the loss of their parent’s guidance and parental support
Punitive Damages
Reckless or grossly unreasonable actions by the defendant may allow the plaintiff to recover punitive damages. In Campbell County, plaintiffs may recover punitive damages when an intoxicated driver injures them under Virginia Code §8.01- 44.5.
Nominal Damages
When a plaintiff cannot demonstrate how an intentional tort injured them, they may pursue nominal damages. Nominal damages provide recovery simply because the intentional tort constitutes an invasion of a right.
Call a Campbell County Personal Injury Attorney for Help
Personal injuries may alter your life in a moment. If another person has acted unreasonably or intended to harm you and caused your injury, the law provides a remedy. Obtaining money damages is not automatic and may take some time.
To pursue monetary damages, you may want to get assistance from a legal professional to handle your case. A Campbell County personal injury lawyer will provide your best chance of recovering for your injuries.
