Reston Personal Injury Lawyer
Almost nobody starts their day expecting to be involved in an accident by the time that day ends, but that unfortunate reality is one that all too many Virginians face every single year. Fortunately, if your injuries stemmed from an incident that another person recklessly or carelessly caused, you may have grounds to hold them financially responsible for any and all damages you suffer as a result of their misconduct.
Civil litigation can be a powerful way to enforce your legal rights and ensure you do not bear the brunt of someone else’s mistake, but it can be challenging to effectively pursue without guidance from a knowledgeable attorney. Once retained, a Reston personal injury lawyer could work on your behalf to collect evidence of fault, prove the existence and value of recoverable damages, and demand fair financial recovery for every form of harm you sustained.
Establishing Fault for a Personal Injury
“Negligence”—the means by which someone may bear legal liability for the consequences of their inadvertent actions—is the basic legal concept at the heart of almost every personal injury claim. To be negligent under civil law, a person must have owed someone else a duty to act in a safe and reasonable way, expressly violated that duty by virtue of a careless or reckless act, and directly caused an accident leading to compensable losses as a result.
In this context, “compensable” does not necessarily mean “quantitative.” In addition to objective financial losses like medical expenses and lost work income, a comprehensive civil lawsuit may also demand restitution for non-economic damages like psychological trauma, physical pain, and lost personal opportunities.
Furthermore, punitive damages may also be available in cases involving gross negligence or intentionally malicious conduct, although state law limits these damages to a maximum of $350,000 in value. A Reston personal injury attorney could review what damages may be recoverable given a particular plaintiff’s circumstances during a private consultation.
What Could Complicate Personal Injury Litigation?
While every state has a way through either settled law or court precedent for civil judges to reduce available compensation based on a plaintiff’s partial fault for their own damages, Virginia’s approach to this matter is extraordinarily harsh. Under the pure contributory negligence system applicable to personal injury claims in Reston, any percentage of fault whatsoever born by a plaintiff disqualifies that individual from recovering anything at all, even if another party was still primarily to blame for their injuries.
On top of that, Code of Virginia §8.01-243 sets a filing deadline of two years after discovery of personal injury lawsuits for most prospective plaintiffs, after which civil recovery is generally impossible regardless of how compelling a case the plaintiff may be able to construct against a defendant. Additional procedural requirements and even shorter filing periods apply to cases against municipal or state government entities, all of which a personal injury lawyer in Reston could explain further if necessary.
Get in Touch with a Reston Personal Injury Attorney
It is far from abnormal to feel overwhelmed by the prospect of civil litigation, especially while you are still feeling the physical, financial, and emotional effects of a serious injury. However, while the rules for filing these kinds of claims are somewhat unfriendly to plaintiffs in Virginia, it is not impossible to achieve a positive case outcome with help from dedicated legal counsel.
A Reston personal injury lawyer could be a key ally to have by your side as you fight to recover compensation for all the harm you unfairly experienced. Call today to schedule a meeting.
