Pulaski County Personal Injury Lawyer
Severe injuries following an accident could create significant difficulties for you and your family. When those injuries are someone else’s fault, a personal injury lawsuit could help you seek the financial compensation you deserve. Filing a claim with the help of a skilled attorney could help you put your life back together following an accident.
An experienced Pulaski County personal injury attorney knows the law and how to put it to use for you. Schedule a consultation today to start your case.
Definition of Negligence in Personal Injury Cases
Under Virginia state law, negligence is a failure to utilize ordinary care for the safety of others. When a defendant fails to abide by this standard of ordinary care, it is considered a breach of their duty. When that breach harms a plaintiff, a lawsuit could help pursue financial compensation for those injuries. Negligence claims consist of five elements that a plaintiff and their attorney must prove:
- A duty of care
- A breach of the duty of care
- Factual causation
- Proximate causation
- Damages
Each element must be present to succeed in an injury lawsuit. With the help of a seasoned personal injury attorney in Pulaski County, an individual could prove these often-complex legal theories.
Proving Negligence in a Personal Injury Case
To prove another person was negligent, a plaintiff’s attorney will investigate a case thoroughly. This will involve speaking with witnesses, talking to experts, reviewing medical records, and analyzing police reports. Research into personal injury law and preparation of evidence is a vital part of any successful case.
A legal representative with years of experience in personal injury law is capable of successfully proving a claim. These cases and their evidence could be complex, but the proper legal assistance could make all the difference.
Burden of Proof in Personal Injury Cases
Personal injury cases utilize a preponderance of the evidence standard in determining whether a claim is successfully proven. This means there is enough evidence to make it more likely than not that the facts asserted by a plaintiff are true. A plaintiff and their attorney must convince a jury that a defendant’s carelessness was the cause of the harm by at least fifty-one percent.
While a much lower standard than criminal cases, this burden requires significant proof and properly admitted evidence. Juries may hesitate to grant a sizable financial award if insufficient proof exists. This is why it is critical to present a strong personal injury case with a Pulaski County lawyer.
The Statute of Limitations for Personal Injury Suits
Under state law, an individual must file most personal injury claims within two years of an accident. In cases against the government, some statutes of limitations are as short as six months. If a plaintiff fails to file their lawsuit in time, a court could dismiss it, even if it would have been successful. A practiced attorney in Pulaski County could ensure that you successfully file your personal injury claim before the deadline.
Schedule a Consultation with a Pulaski County Personal Injury Attorney
You deserve to have your case handled by a knowledgeable and experienced injury attorney. A properly presented case could make all the difference. It is critical to start the process soon after your accident and with the right legal representative.
A hard-working Pulaski County personal injury lawyer is ready to fight for you. Contact us today to learn about your legal options.
