In Virginia, virtually anyone who has been injured by the negligent, reckless, or wrongful actions or inactions of another can file a personal injury claim. You could also have grounds for a claim if you were injured and another person or party is liable under strict liability laws or by default.
Any injury that results in physical, mental, emotional, and/or financial hardship or loss may qualify for compensation under Virginia’s personal injury laws.
Personal injury claims are often brought on behalf of people who have suffered the following types of injuries:
- Animal bites
- Back injuries
- Broken bones/fracture
- Burn injuries
- Head and neck injuries
- Serious contusions, abrasions, and lacerations
- Shoulder injuries
- Spinal cord injuries
- Sprains and strains
- Traumatic brain injuries
This is not an exhaustive list; if you suffered an injury and you believe someone else is legally responsible for your damages, reach out to Kalfus & Nachman PC today to learn more about your right to file a personal injury claim. We assist clients with all types of personal injury cases, including those involving car and other motor vehicle accidents, slip and falls, premises liability, nursing home abuse, medical malpractice, catastrophic injuries, and more.
Proving Negligence in Your Personal Injury Case
Most personal injury cases are brought on the grounds of negligence. To prove a negligence-based claim, you must prove several key elements of your case.
These elements include:
- Injury: First, to have a case, you must prove that you were injured. Even if you can prove the other elements of your claim, if you were not injured, you do not have a case. You must prove that your injuries led to measurable damages—or losses—for which you can be compensated.
- Duty of Care: You must prove that the defendant (the party against whom you are bringing the claim) owed you a duty of care. In other words, they had a legal obligation to take and/or avoid certain actions to prevent foreseeable harm.
- Breach: You will need to demonstrate how the defendant breached—or failed to uphold—the duty of care they owed to you. This usually involves proving how the defendant was negligent or otherwise acted wrongfully.
- Causation: Lastly, you must prove that the defendant’s negligent or wrongful actions (i.e., the breach of the duty of care) was the proximate cause of your injuries, as well as your resulting damages.
Note that, under Virginia’s strict contributory negligence rule, you cannot recover any compensation if you are found to be even partially at fault for the incident that led to your injury. For this reason, it is critical that you work with a knowledgeable attorney who can carefully investigate your claim and build a powerful, evidence-based case on your behalf.
What Types of Damages Can Be Recovered in a Personal Injury Lawsuit?
While every case is different, certain damages are more commonly recovered than others. Depending on the specific details of your case, you could be entitled to specific types of damages.
These may include:
- Medical care costs, including future medical expenses
- Lost income, wages, and employment benefits
- Physical and mental pain and suffering
- Emotional distress and anguish
- Loss of earning capacity due to impairment or disability
- In-home care costs and assistance with everyday tasks
- Transportation costs related to traveling to and from medical appointments
- Physical and mental rehabilitation
- Therapy and counseling
In addition to these compensatory damages, you may also be entitled to punitive damages. Also known as “exemplary damages,” punitive damages are meant to punish the defendant for acts of gross negligence or intentional infliction of injury.
What Does a Personal Injury Lawyer Do?
A personal injury attorney should act as your guide through the legal process. When you contact Kalfus & Nachman PC, we will be there for you every step of the way, from the moment you call until the moment your case is resolved.
Our Norfolk personal injury attorneys can assist you with all aspects of your case, including but not limited to:
- Discussing your legal rights and options during a free, no-obligation consultation
- Investigating your claim and obtaining critical evidence to support your case
- Talking to expert witnesses and gathering powerful testimony on your behalf
- Communicating and negotiating with the insurance company’s adjusters
- Pursuing a fair settlement from the insurance company (or liable party)
- Preparing you and your case for litigation and trial if necessary
We are prepared to answer all your questions and provide the information you need to move forward in the legal system. Throughout the process, we are committed to being your trusted advocate, fighting for the maximum compensation you are owed.
Finding the Right Personal Injury Lawyer for Your Case
When it comes to choosing a personal injury lawyer for your case, we recommend talking to potential attorneys and learning more about their experience, the types of results they’ve recovered for past clients, and their approach to handling cases. You want a lawyer that will fight for you, even if that means taking your case to trial. You don’t want a lawyer who will pressure you to take the first settlement offer just to resolve your case and move on to the next one.
At Kalfus & Nachman PC, we take the time to get to know our clients. We want to hear your story, learn how you have been affected, and share how we can help you pursue your recovery goals. We invite you to schedule a free consultation with our Norfolk personal injury attorneys at your earliest convenience so that we can discuss your case further and determine how we can help.
You can reach us online or by phone at (855) 880-8163.
“I highly recommend Kalfus & Nachman. They were on point from start to finish. Their office called me to keep me informed every step of the way. Everyone was friendly and returned calls and e-mails promptly! Very professional!”- Victor Gilmore
“They took the time needed to listen and explain the answers to any questions I asked. The follow-up to return my calls was excellent and the results were unparalleled.”- Nancy Lewis
“I was able to gain a sense of "calm" in the midst of dealing with an injury and all the hardship that comes with it. Thanks!!!”- K. Williams
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