Oakton Personal Injury Lawyer
Whenever an accident results in someone involved getting hurt, there are a lot of questions to answer afterwards about who is to blame for the incident, and accordingly who should be liable for the financial costs associated with it. Unfortunately, achieving a fair final outcome in this kind of situation can be uniquely difficult in Virginia if you are an injured party trying to hold another person accountable for your damages.
If you want the best possible odds of a favorable case resolution, working with an Oakton personal injury lawyer could be critically important. On top of helping you build a strong and comprehensive claim against the person or entity whose misconduct caused your injuries, your dedicated attorney could also provide crucial assistance when it comes to contesting allegations of contributory negligence and filing within the deadlines set by state law.
How Negligence Contributes to Personal Injury Liability
Whether a personal injury stems from a motor vehicle wreck, a mistake by a medical practitioner, a hazardous condition on someone else’s property, or any other circumstances that could have been avoided with proper care, “negligence” is generally the key legal principle at the heart of any injured person’s ensuing personal injury claim. Put simply, a person is “negligent”—and therefore financially responsible for the consequences of their actions—if they act in a way that runs counter to a duty of reasonable care they owed to someone else, and that other sustained a physical injury as a direct consequence of that irresponsible behavior.
The nature of a “duty of care,” and accordingly the form that a “breach” of said duty may take, can vary tremendously depending on the circumstances. Motor vehicle drivers, for example, have a responsibility to maintain awareness of other drivers and obey applicable traffic regulations, whereas a breach of duty for a store owner might simply involve a failure to thoroughly inspect their property for hazards rather than an overt violation of the law. An Oakton personal injury attorney could go over a particular accident victim’s situation with them and explain their legal options during a private consultation.
Potential Obstacles to Civil Recovery
No matter the circumstances justifying a personal injury claim, it is essential for plaintiffs filing in Virginia to prove they do not bear any amount of blame for their own damages. This is because the “pure contributory negligence” standard followed by state civil courts prohibits recovery for any plaintiff who contributed to their own injuries in any way, so any percentage of fault—even one percent—assigned to a plaintiff could prevent them from getting any compensation.
Additionally, Code of Virginia §8.01-243 sets a deadline of just two years for most personal injury claims. This means that a person who sustains a personal injury in Oakton due to negligence by another party generally has no more than two years following the date they discovered those injuries to retain a lawyer and start the civil litigation process, or a court would likely throw their case out for being time-barred.
Get in Touch with an Oakton Personal Injury Attorney Today
A successful civil lawsuit following a serious accident may allow recovery for a variety of damages, from objective financial losses like medical expenses and missed income from work to pain, suffering, and other non-economic forms of harm. Without guidance from a knowledgeable legal professional, though, your odds of recovering any money at all—let alone sufficient restitution for all your compensable losses—may be very slim.
Representation from an Oakton personal injury lawyer could make the difference between a positive and negative outcome to your lawsuit or settlement demand. Learn more by calling today.
