Chesapeake Personal Injury Lawyer

Some personal injury claims arise from intentional acts, such as nursing home abuse. Other claims, like medical malpractice and auto accidents, could be the result of negligence. In all these cases, an innocent party suffers injury.

A Chesapeake personal injury lawyer understands the challenges you face as you recover from your injuries. An experienced attorney is committed to securing the maximum amount of compensation possible for your claim.

Personal Injury Claims in Chesapeake

There are numerous ways a person could be harmed by someone else’s deliberate or negligent actions. Some of these include:

  • Motor vehicle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Medical malpractice
  • Nursing home abuse
  • Defective products
  • Dangerous pharmaceutical drugs
  • On-the-job accidents

A personal injury attorney could investigate the case and determine the cause of the victim’s injuries.

Types of Injuries

Personal injury claims often involve different injuries to the victim, including but not limited to:

  • Whiplash
  • Broken, fractured, and displaced bones
  • Lacerations and puncture wounds
  • Amputation
  • Traumatic brain injury
  • Torn and strained ligaments and muscles

An experienced personal injury attorney could present evidence of the injuries to a judge, including testimony from the injured party’s medical providers.

Recoverable Damages

The goal of a personal injury lawsuit is to compensate the victim for actual losses they sustained due to the accident or abuse. To place a party in reasonably the same position they were in before they were harmed, a judge may award certain types of damages.

Special Damages

These are the injured party’s quantifiable losses from the time of the accident through a settlement or trial in the case. Special damages may include lost wages, medical expenses, transportation costs for medical appointments, and property damage.

General Damages

General damages encompass losses that may be more difficult to quantify, such as pain and suffering, diminished quality of life, permanent disability, and future medical expenses. It is often necessary to have expert witness testimony from doctors to prove these damages in court.

Punitive Damages

Rather than compensating you for actual losses, punitive damages are intended to punish the at-fault party for grossly negligent or reckless actions and discourage others from engaging in the same or similar behavior. For example, a judge might award punitive damages if a drunk driver strikes and injures a pedestrian.

A personal injury attorney could assess a party’s injuries and determine what damages to request in the lawsuit.

Defenses to Personal Injury Claims in Virginia

A party who is sued for injuring someone may present certain defenses to the claim.

Contributory Negligence

In some states, if a party is partially responsible for the accident or event that caused their injuries, they could still receive compensation. Virginia follows the law of contributory negligence, meaning that if the injured party is at fault in any way for the accident, a court can deny their claim for damages. A Chesapeake personal injury lawyer understands how contributory negligence factors into an injury lawsuit and could assess the injured party’s role in the accident.

Assumption of Risk

When someone fully understands the nature and extent of a known danger and voluntarily exposes themselves to that danger, they may have assumed the risk of injury. For example, if someone participates in a contact sport, such as rugby, and are injured, they cannot seek damages for their injury.

Statute of Limitations

In Virginia, an injured party has two years from the accident or injury to file a lawsuit. If the action is filed after the deadline, the claim could be dismissed.

Legal professionals are aware of the statutory requirements for filing claims and could ensure that the injured party’s lawsuit is timely filed.

Consult a Chesapeake Personal Injury Attorney

The physical, emotional, and financial consequences that result from an accident or injury can be overwhelming. You may be concerned about repairing or replacing your vehicle, paying your medical bills, or returning to work.

A Chesapeake personal injury lawyer could advocate for your right to compensation and hold parties responsible for their willful or negligent actions. Our firm’s lawyer’s work to ensure that you can take care of yourself and your family during your recovery. Contact one of our knowledgeable attorneys to discuss your case.