Roanoke Personal Injury Lawyer
After a motor vehicle collision, slip and fall, or other accident caused by someone else’s negligence, you may face a loss of income, unanticipated medical bills, and ongoing rehabilitation. Working with a personal injury attorney could enable you to focus on your recovery and get back on your feet financially.
Our firm’s attorneys have experience in various personal injury matters and understand what it takes to recover damages from the responsible party. If you or your loved one suffer harm in an accident, and another party was at fault, a Roanoke personal injury lawyer could pursue your claim in court.
What is a Personal Injury Claim Worth?
A personal injury case’s value depends on various factors, including the severity of the injuries, how the accident occurred, and what resources are available to cover damages. Some accidents cause relatively minor injuries, and the amount of compensation the victim needs is relatively easy to calculate. Valuing a case involving catastrophic injuries, such as brain trauma, paralysis, or disfigurement, could be more challenging.
Injuries that result in permanent disability require an assessment of the injured party’s future medical needs. The accident victim might be unable to return to work, resulting in a need for compensation that enables them to care for themselves and their family. A personal injury attorney in Roanoke could review the injured person’s medical records and provide a general sense of the claim’s value.
Recoverable Damages in a Roanoke Personal Injury Case
A personal injury claim could lead to the recovery of both economic and non-economic losses. Economic damages include medical bills, lost wages, and property damage. Scarring, pain and suffering, and loss of the injured party’s companionship are examples of non-economic damages.
In certain extreme cases, a Roanoke court may grant punitive damages. These damages are intended to punish a wrongdoer for intentional bad acts. A motor vehicle accident caused by a driver with extremely high blood alcohol content may result in punitive damages.
In most cases, the at-fault party’s insurance company pays any settlement or court-ordered damages on behalf of their insured. A skilled personal injury lawyer could assess a victim’s damages and negotiate with the insurance carrier.
Contributory Negligence
Virginia adheres to the legal doctrine of contributory negligence in personal injury cases. If the injured party contributed in any way to the accident, they might be barred from recovering compensation. Because a defendant’s insurance company may argue that a victim was partially at fault, it is critical to have a personal injury attorney aggressively counter those claims and hold the responsible parties accountable.
The Statute of Limitations for Roanoke Personal Injury Lawsuits
Virginia Code §801.243(A) limits the time accident victims are permitted to seek damages to two years from the injury date. In malpractice cases against healthcare providers, such as a failure to diagnose a cancerous tumor, the deadline may be extended. Because filing a lawsuit after the applicable deadline could result in a dismissal of the case, it is critical to enlist an experienced personal injury lawyer as soon as possible after the incident or accident that led to the injuries.
Establishing Fault in a Personal Injury Case
To prevail in a personal injury lawsuit, the victim must prove that one or more parties were at fault. Several acts could give rise to an injury claim.
Negligent Acts
These acts occur when a party acts carefully or fails to act and, as a result, harms another person.
Intentional Acts
Done with the intent to hurt someone, intentional acts could include assault or false imprisonment.
Reckless Acts
When a business or individual acts with total disregard for others’ safety, their acts may be deemed reckless. In Roanoke, driving under the influence or texting while driving could be reckless behavior warranting damages.
Seek Advice from a Knowledgeable Personal Injury Attorney
To sustain a claim for damages, your injuries must result from someone else’s negligent or intentional behavior. The amount of compensation could depend upon the nature of the accident and the severity of your injuries. A Roanoke personal injury lawyer could review the facts and develop a strategy for litigating your case. Contact one of our firm’s experienced attorneys today.
