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Kalfus & Nachman PC

Representing injured victims throughout Virginia and North Eastern North Carolina.

Norfolk Personal Injury Attorneys

Filing a Personal Injury Claim in Virginia 

When you are injured due to the negligent or wrongful conduct of another, Virginia law gives you the right to file a personal injury claim and seek fair compensation for the various losses you have endured because of your injury. If your case is successful, medical bills, lost wages, and noneconomic damages, such as pain and suffering, could all be restored to you through compensation—but only if it is successful.

Navigating the legal system is difficult, especially if you attempt it on your own and don’t have a law certification. If you want to file a personal injury claim in Norfolk, Virginia, the first thing you should do is talk to Kalfus & Nachman PC for help. Throughout our years of practice, we have recovered millions of dollars on behalf of the seriously injured, including many million- and multimillion-dollar results. We know the law, what defendants do to sidestep liability, and what it means to fight tirelessly for a client in need.

Request a free initial consultation with our today; call or contact us online to get started. 

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Our FAQ

  • How Long Do You Have to File a Personal Injury Lawsuit in Virginia?

    The general statute of limitations for personal injury cases in Virginia is two years from the date of injury. This means that you usually have two years from the date on which you were injured to file your personal injury lawsuit.

  • How Much Is My Personal Injury Case Worth?

    The value of your personal injury claim depends on numerous factors, including the severity of your injury, the cost of your medical care (including projected future care costs), the calculated value of your pain and suffering, and more. Therefore, it is impossible to accurately predict how much your case is worth without first reviewing the specific details involved. We invite you to contact us for a free consultation to discuss the details of your case, including how much it may be worth.

  • How Much Does It Cost to Hire a Personal Injury Lawyer From Kalfus & Nachman PC?

    We provide our legal services on a contingency fee basis. This means that you do not pay any upfront legal fees when you hire our firm. Instead, our fees are contingent on us recovering compensation for you—if we do not recover a settlement or verdict on your behalf, you owe us nothing. When we do successfully recover compensation for you, our legal fees are paid via a percentage of your total recovery. This percentage will be discussed and agreed upon prior to you hiring our firm.

  • How Long Will It Take to Resolve My Case?

    Some cases take several months to settle, while others may take years to resolve. The length of your case depends on many factors, including its overall complexity, the severity of your injuries, the duration of your medical treatment, the insurance company’s willingness to settle, whether your case goes to trial, and more. Call Kalfus & Nachman PC today to learn more!

Who Can File a Personal Injury Claim?

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. The most important factor of a case is that the defendant (liable party) owed a duty of care to the plaintiff (injured party) and the violation of that duty is what led to the accident or injury.

Even though it might not be obvious, everyday people owe reasonable duties of care to one another. For example, a driver owes a duty of care to responsibly operate their vehicle to keep other motorists and pedestrians safe. Under this broad concept of societal responsibilities and laws, almost anyone who was hurt due to the mistakes of another could have grounds to file a claim or lawsuit.

Different Injuries in Different Cases

Personal injury claims we handle often include these serious injuries:

If you suffered an injury and you believe someone else is legally responsible for it, reach out to Kalfus & Nachman PC today to learn more about your right to file a personal injury claim. We 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, unsafe products, and other forms of negligence.

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    Proving Negligence in Your Personal Injury Case

    Nearly every personal injury claim filed will be met with resistance. Liable parties and the insurance companies that usually represent them do not want to accept liability, which would mean that they will need to pay the plaintiff for losses and damages. When you want to file a claim, you should expect that there will be a challenge from the other side, so you’ll have to prove that they were negligent.
    Let our Norfolk personal injury attorneys work on your case, so we can apply our decades of collective legal knowledge to it. We understand where to find convincing evidence of liability and how to use it to prepare your case.

    To prove negligence in a personal injury case, we will want to prove these four elements exist:

    • Injury: You must prove that you were injured. Even if you can prove the other elements of your claim, if you were not injured, you most likely do not have a case.
    • Duty of care: You must prove that the defendant owed you a duty of care. As mentioned, most parties have a legal obligation to take and/or avoid certain actions to prevent foreseeable harm to others. 
    • Breach: You will need to demonstrate how the defendant breached—or failed to uphold—the duty of care they owed to you. Something as simple as an “honest mistake” can be seen as inexcusable negligence in contexts of Virginia personal injury law. 
    • Causation: 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 Virginia’s strict contributory negligence rule blocks you from recovering any compensation if you are found to be even partially at fault for the incident that led to your injury. You could be just 1% liable for your injuries and still be prohibited from filing a claim through the courts. For this reason and others, you should always work with a knowledgeable attorney who can carefully investigate your claim and prepare a powerful, evidence-based case that fights to keep your liability at 0%.

    Who to Sue in a Norfolk, VA Personal Injury Case

    Who are you supposed to sue in your personal injury case? It depends entirely on who hurt you and what mistakes were made that resulted in your injury. Every case is unique, so the defendant in each case will be unique, too. If it isn’t clear who you should file against, don’t worry – we can apply our insight and experience to prepare your case from the beginning, which includes determining liability.

    A defendant in a personal injury case could be:

    • Individual person
    • Corporation
    • Product manufacturer
    • Health care group
    • Educational institution
    • Many others

    Keep in mind that anyone you name as a defendant will most likely return with an insurance company representing and defending them. For example, if you get hit by a driver breaking the speed limit, you will file against them, but all future communications and processes will likely be handled by their auto insurance company.

    We Mean Business

    Read Our Recent Case results
    • $10.9 Million Traumatic Brain Injury
    • $10.5 Million Truck Accident
    • $7 Million Auto Accident
    • $5.147 Million Truck Accident
    • $2.15 Million Premises Liability

    Hear From Our Happy Clients

    At Kalfus & Nachman PC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

      "I highly recommend Kalfus & Nachman. They were on point from start to finish."
      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
      "Excellent knowledge and professionalism"
      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
      "Awesome Experience!"
      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
      "Excellent to work with!"
      Deborah Vaughn is so kind and very knowledgeable!
      - John Bedford
      "Professionalism at it’s finest!"
      Working with both Paul Hernandez and Colin O’Dawe during my case was a smooth and easy process. Their attention to detail and combined knowledge enabled us to achieve a successful and winning outcome. Both Paul and Colin are true professionals with a high level of customer service. The entire practice provides seamless and transparent communication. While also building a strong partnership at the same time. I would highly recommend the practice of Kalfus and Nachman.
      - Jeff B
      "Down to earth. No BS."
      What a weird time for all of this to happen. I'm grateful for the down to earth, no BS, approach to my case. Though we had to draw it out due to the pandemic and the idiocy of the military medical system, the K&N staff stuck with me and always treated me with kindness and respect. The ladies at the front are the sweet angels that make you miss your grandma. They deserve all the love!!
      - AshleyAnn
      "Ms Vaughn is awesome!!"
      Ms. Vaughn is awesome! She is a hard working and very compassionate attorney. Her assistant Brandon was also very hard working in my case. I can’t thank her enough for her knowledge, understanding and compassion. I highly recommend Kalfus and Nachman.
      - Kathy Jadin
      "Great Lawyer"
      Ms. Vaughn is simply amazing, very professional, and helpful thru my Disability case... I highly recommend her to handle your case☺️
      - Michael Watson

    How Is Kalfus & Nachman Different?

    • You Will Pay No Fees Unless We Win Your Case
    • We Have Recovered Millions of Dollars for Our Clients
    • Our Attorneys Are Well-Equipped to Fight Insurance Companies
    • We Have Successfully Handled Thousands of Cases Since 1979
    • We are a Full-Service Firm with Multiple Locations
    • Se Habla Español

    What Types of Damages Can Be Recovered in a Personal Injury Lawsuit? 

    Getting a sense of justice through a successful personal injury claim is rewarding, but getting compensation for your losses is arguably even more important. Our Norfolk personal injury attorneys don’t like leaving any amount of money unclaimed when we fight for a client. Whether your case is worth $100,000 or $1,000,000, we will pursue every cent like we were representing ourselves.

    The damages that are listed or considered in a typical injury claim 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
    • Physical and mental rehabilitation 
    • Therapy and counseling

    In addition to these compensatory damages, you may also be able to seek punitive damages, which are meant to punish the defendant for acts of gross negligence or intentional infliction of injury. Punitive damages are not compensatory – meaning they do not compensate you for a loss – so they are not applicable in every case. We can let you know if it seems like the court might approve punitive damages or if it would be better to focus on other damages instead.

     

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    • By submitting, you agree to receive text messages from Kalfus & Nachman PC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy