Portsmouth Personal Injury Lawyer
When you are injured in an accident, it could be challenging to determine why the accident occurred and who might be responsible. If you suspect that someone else’s negligent or intentional conduct caused your injuries, you may need to consult an attorney.
As a dedicated personal injury firm, our team’s attorneys are committed to protecting your legal rights. While most Virginia injury cases settle, there is no guarantee that an insurance company will make a fair offer. A Portsmouth personal injury lawyer could assess a settlement proposal and, if it would not adequately compensate you for your injuries, pursue your claim in court.
The Role of a Personal Injury Attorney
In a personal injury case, an experienced lawyer could help the injured party recover from the economic losses they sustained in the accident. The attorney could take the following actions on the client’s behalf:
- Investigate the accident, including reviewing police reports, witness statements, and job-site inspections
- Assess the extent of the injuries and calculate damages
- Negotiate with the at-fault party’s insurance company
- Prepare and timely file a lawsuit
- Work with experts, including accident reconstructionists, engineers, medical doctors, and accountants
- Present the case to a judge
Representing oneself in a personal injury case can be challenging. It is advisable to consult a personal injury attorney as soon as possible after an accident in Portsmouth.
Responsible Parties in Personal Injury Claims
Due to the complexity of certain injury claims, an individual, partnership, business, or large corporation could be the at-fault party in a personal injury case. In some cases, more than one party may be responsible for the accident. Under the Virginia Tort Claims Act, a party could also pursue a personal injury claim against the Commonwealth of Virginia or any local government, including towns, cities, and counties.
If an injured party does pursue a claim against the state, Virginia Code §8:01-195.6 requires that notice of the claim be given within one year of the date of injury. If notice is not provided, the claim may be barred, and the injured party denied compensation. A Portsmouth personal injury lawyer could identify all responsible parties in an accident, including government agencies, and ensure that a claim is filed within the mandated timeframe.
Accidents Causing Personal Injury
Motor vehicle accidents are often the most common type of personal injury claims. However, other actions could lead to a legal claim for compensation, including:
- Pedestrian accidents
- Medical malpractice
- Slip and fall accidents
- Exposure to hazardous substances
- Construction accidents
- Workplace injuries
- Dangerous or defective products, including pharmaceuticals
Virginia law mandates when and where a personal injury lawsuit must be filed. An experienced personal injury attorney is well-versed in the rules and procedures that apply to these cases and could ensure that the claim is correctly docketed with the court.
Types of Injuries
A personal injury lawsuit could cover many different types of injuries. Some of these include:
- Head and neck injuries
- Broken, fractured, or displaced bones
- Soft-tissue injuries
- Concussions and traumatic brain injuries
- Spinal cord injuries
- Psychological and emotional injuries
In Virginia, the spouse of a party who dies due to an accident may seek compensation for mental anguish, sorrow, and loss of the deceased spouse’s companionship and financial support. This is referred to as a ‘loss of consortium’ claim.
In a non-fatal personal injury case, an injured party could recover damages for any impairment to the party’s marriage because of the accident. A lawyer with experience in personal injury cases could assess whether the injured party has a loss of consortium claim or, in a wrongful death action, whether the deceased’s spouse may recover damages.
Speak with a Portsmouth Personal Injury Attorney Today
If you have been injured in Virginia because of someone else’s negligence, it is essential to take steps to protect your legal rights. Waiting too long to file a claim could prevent you from recovering damages.
One of our firm’s attorneys could play a vital role in assessing your injuries, calculating your damages, and presenting your claim for compensation to an insurance company or a court. Contact a Portsmouth personal injury lawyer today to discuss a strategy for recovering your losses.
