Frederick County Personal Injury Lawyer
Car accidents, medical malpractice, and slip and falls could harm an innocent person. If you are injured in an accident, you may not be able to return to work immediately, resulting in a loss of income just as your medical bills are mounting.
Injuries sustained in an accident or from medical malpractice could vary from superficial bruises to more severe injuries like brain trauma, spinal cord damage, or fractures. A Frederick personal injury lawyer could secure the compensation a victim needs to recover from their injuries and move on with their life.
Personal Injury Claims
A variety of accidents and circumstances could lead to a personal injury claim. Some of the most common are:
- Motor vehicle accidents
- Slip and falls
- Birth injuries
- Work-related accidents
- Medical malpractice
- Construction accidents
Virginia law mandates when and where to file a personal injury lawsuit. An experienced personal injury knows the law and could ensure that the injured party’s claim is filed timely and in the proper jurisdiction.
Proving a Frederick County Personal Injury Case
To recover damages in most personal injury lawsuits, an injured party must demonstrate that someone else’s negligence caused their injuries.
Duty of Care
To prove negligence, the person who caused the injuries must have a duty of care to the accident victim. The law states that most people owe a duty of reasonable care to others, even strangers. This duty requires a person to use ‘ordinary care and skill’ to avoid harming another person.
There are exceptions to this duty, including the no duty to rescue rule. In Virginia, a person does not have a responsibility to rescue someone in distress, and they may not be held liable for not doing so.
Breach of the Duty of Care
An injured party must prove that the defendant failed to act as a reasonable person would have acted under similar circumstances. If the defendant was not as careful as a reasonable person would have been in the same situation, the defendant might be negligent. A personal injury attorney could determine if a defendant had a duty of care based on the case’s facts.
Causation
Many people may act negligently toward others in their day-to-day lives. However, if that negligence does not injure someone, there is no legal claim for damages. Frederick County courts apply a ‘but for’ test and determine whether the injuries would have occurred ‘but for’ the defendant’s breach of the duty of care.
Proximate Cause
An injured party cannot recover damages under negligence law unless they prove that the defendant’s negligent breach of duty directly caused their injuries. Also referred to as ‘legal cause,’ this concept addresses whether it is logical and fair to hold the defendant responsible for the harm to the victim. A Frederick County lawyer experienced in personal injury cases understands these complicated legal concepts and know what facts are necessary to prove negligence.
Damages
A party may be entitled to compensation for another party’s negligence if the negligent act resulted in damages. Without evidence of actual injury or loss, there can be no monetary award. Damages could include lost wages, medical expenses, property damage, and pain and suffering.
The Timeline of Personal Injury Claims in Frederick County
There are several stages of a personal injury lawsuit and understanding each is critical to recovering damages.
- Putting all parties on notice of the request for compensation
- Negotiating a settlement, usually with the at-fault party’s insurance company
- Filing a lawsuit if negotiations are unsuccessful
- Litigating the case in court or pursuing alternative dispute resolution, such as mediation or arbitration
An experienced personal injury attorney could manage an injured party’s case from the initial claim’s notification through trial.
Learn More about Personal Injury Cases from a Frederick County Attorney
If you suffer an injury in an accident, you may be entitled to monetary compensation. To recover damages in an injury claim, you must show that another person’s negligence harmed you.
The personal injury attorneys at our firm understand Virginia law and the complicated process of proving a negligence claim. A Frederick County personal injury lawyer could work to resolve your case favorably by settlement, alternative dispute resolution, or trial.
