New Kent County Personal Injury Lawyer

When a person is seriously injured in an accident, they may suffer devastating physical, emotional, and financial effects afterward. Regardless of how the harm occurred or what injuries the victim sustained, any damages resulting from another person’s careless or reckless actions could be compensated through a civil lawsuit.

If you or your loved one was hurt in accident caused by someone else’s negligence, seek dedicated legal support. With guidance from a New Kent County personal injury lawyer, you could pursue a claim to recover the compensation you deserve.

Personal Injury Laws in New Kent County

In Virginia, one of the most important factors in a personal injury case is the state’s pure contributory negligence law. Under the theory of pure contributory negligence, if a jury deems that an injured person somehow contributed to their accident, they will be barred from recovering any damages. Even if a person is only one percent at fault, they lose their right to pursue compensatory damages, making it extremely difficult to recover for their injuries.

In addition to the state negligence laws, injured parties should also consult a knowledgeable attorney on the statute of limitations for their personal injury claim. Under § 8.01-243(A) of the Virginia Code, a person will lose the right to recover monetary damages for most types of personal injury claims if it is not filed within two years of the date of their accident. Those seeking to file a civil injury lawsuit are strongly encouraged to ask a personal injury attorney in their area about the restrictions and limitations imposed under state laws.

Damages Awarded in Personal Injury Cases

Recoverable damages for a personal injury in New Kent County include compensation for:

  • Economic loss (e.g., loss of income, property damage, and medical costs)
  • Non-economic loss (e.g., emotional harm and pain and suffering)
  • Punitive damages (e.g., a financial awarded to an injured party to punish a defendant for their wanton, malicious, or grossly negligent conduct)

While Virginia does not have caps on economic and non-economic damages, injured parties are limited in recovery for punitive and medical malpractice damages.

Limitations on Personal Injury Damages

Under Va. Code § 8.01-38.1, an injured party may receive a punitive damage award up to $350,000. Regarding the cap on damages awarded in medical malpractice claims, the amount is set to steadily increase in $5 million increments over the course of a 32-year period, which started on August 1, 1999. Under Va. Code § 8.01-581.15, the damages cap amount is currently set at $2.45 million. An experienced personal injury attorney could pursue adequate compensation for a victim’s accident-related damages and advise on any potential limitations to recovery.

Consult a New Kent County Personal Injury Lawyer on Your Case

Every year, many people are injured or killed in personal injury accidents. Unfortunately, a significant portion of injury-related accidents are unforeseeable and unavoidable.

If you or your loved one were physically harmed in an accident resulting from another’s negligence, the wrongdoer could be held liable for damages in a civil lawsuit. To learn more about how a New Kent County personal injury lawyer could tirelessly pursue your claim, call to schedule your risk-free legal consultation today.