Richmond Personal Injury Lawyer
You deserve fair compensation for an accident caused by another driver. While personal injury cases may be many and varied, you can address all of them with the help of a qualified Richmond personal injury attorney from Christina Pendleton & Associates.
Our team of attorneys can help you obtain the most compensation possible for your personal injury accident. After serving over 80,000 clients, we can help you and your family start down the road to recovery.
Establishing a Personal Injury Case in Virginia
The category of personal injury cases covers most incidents involving the harm of another person. It’s up to you and your Virginia personal injury attorney to prove whether or not your injury involved negligence or deliberate recklessness.
However, there are some cases that fit naturally into this category. School-based accidents, assaults, sexual abuse claims, and workplace injuries are all among the common incidents to find in a personal injury case. That said, some of the others include:
Motor Vehicle Accidents
Car accidents are persistently common across the United States. These accidents can occur for a myriad of reasons, from someone else’s roadway negligence to unattended roads left half-fixed by construction crews.
If you find yourself injured in a car accident, you can work with our team to classify the case as a personal injury civil suit. This classification allows you to pursue compensation for your losses, so long as you can tie those losses back to your car accident.
There are occasions in which the medical professionals you trust with your help violate that trust. Whether the harm these parties do to you is due to negligence or deliberate mistreatment, you may be entitled to compensation.
The statute of limitations for medical malpractice suits differs from that of your standard personal injury case. If you’re contending with a medical malpractice condition, you have two years from the day you discover that condition to act on your losses, based on Virginia’s statute of limitations.
In that time, it may be in your best interest to work with a professional witness from a third-party clinic. If you can submit concrete evidence tying your loss back to a treatment conducted by another professional, then you’ll have better legal footing when requesting compensation for your loss.
Premises liability cases involve accidents that might otherwise have been avoided had a property’s owner not neglected their duty of care. These accidents can include slip and fall accidents, thefts, and even parking lot car accidents.
Your rights in a premises liability accident hinge on your role on another person’s property. You can work with a Virginia injury lawyer to determine whether you can be classified as an invitee, a licensee, or a trespasser at the time of your accident. From there, you can submit a claim to a county clerk depending on the rights afforded to your position (and your losses).
Product liability cases often involve a malfunctioning and actively-harmful product marketed by a manufacturer in the United States. Previously, injured parties have pursued compensation for injuries and health conditions related to the use of Roundup, ineffective seatbelts, and asbestos-based products. For more information about pre-existing product liability suits, you can schedule a consultation with Richmond’s personal injury lawyers.
Wrongful death cases are trickier than most personal injury cases. If someone you love passes due to someone else’s negligence, you have two civil options on your hands. You can work with a wrongful death attorney to pursue compensation for that loss with a separate wrongful death claim. Alternatively, you can file a personal injury claim and add wrongful death to the damages you endured.
Only a personal representative or executor can file a wrongful death claim on another person’s account. This only varies in incidents involving the wrongful death of a fetus. According to Code of Virginia §8.01-50, mothers involved in these cases may request compensation from applicable economic and non-economic losses.
Virginia’s Personal Injury Statute of Limitations
If you want to pursue a personal injury case against another party, you need to act quickly. As noted by Code of Virginia §8.01-243, victims have two years to file a personal injury claim.
However, the statute of limitations can vary depending on who you are bringing the claim against. For example, if you are bringing an injury suit against the city of Richmond, you may need to file the claim within six months of the accident. But if you are pursuing a claim against an individual motor vehicle driver, you may have two years to seek damages.
Liable Parties in a Personal Injury Claim
The party you hold liable in a personal injury case doesn’t have to be on the scene when you sustain your injury. In both premises liability and product liability cases, the liable party may be a larger institution.
You need to determine who it is you want to hold liable for your losses as you bring your personal injury claim together. Break down your accident based on its circumstances to first classify it under the personal injury banner. From there, you can break down your liable options. With the help of evidence and classification, you can issue a demand letter to:
- Medical professionals
- Your employer or site manager
- A nursing home or nursing home employee
- Product manufacturers, including vehicular manufacturers
- Maintenance crews
- Government officials
As our personal injury attorneys in Richmond, VA, review your case, we’ll connect with professional witnesses who can uphold your liability claim. If you’re not sure where to begin when establishing liability, be sure to schedule your first free case consultation with one of our attorneys.
How do We Determine Fault in a Richmond Personal Injury Case?
The process of building your claim hinges on the question of duty of care. “Duty of care” describes the responsibility another party allegedly owed you at the time your accident occurred.
To establish your claim, we need to make it clear that the liable party both owed you a duty of care and breached that duty of care. With the help of evidence, we can establish causation between that breach and your losses.
Finally, based on the aforementioned data, you can present your losses to a county clerk and argue that the liable party owes you compensation for the damages they caused. We can not only help you bring this information together but can move you from the process of writing your complaint into the process of negotiating or preparing for a trial.
Settlement Offers in Personal Injury Cases
In personal injury cases involving certain products or even cars, you may receive a settlement offer from that product’s manufacturer. Settlement offers can help you overcome the losses you faced in an accident. However, they can also be overwhelming to contend with. Some settlement offers even overwhelm you on purpose.
If you receive a settlement offer after a personal injury accident, wait to accept it. Meet with a Richmond personal injury attorney to discuss the offer, instead. You can compare your offer against your own calculated compensation and negotiate for more coverage, if necessary.
Throughout this process, you can rely on our team to manage your communications with a manufacturer’s representative. We’ll uphold negotiations on your behalf and fight to win you the financial support you need.
Compensation for Personal Injury Damages
Damages are awarded to victims who endured physical, mental, psychological, and financial losses due to another person’s negligence. A personal injury lawyer can pursue economic and non-economic damages from the liable party.
Our experienced team demands financial compensation for:
- Medical bills and ongoing healthcare expenses
- Lost wages, tips, and benefits due to missed work
- Pain and suffering
- Mental anguish
- Property damages
- Wrongful death
- Renting temporary transportation
Unfortunately, insurance companies strive to avoid making a fair settlement. Instead, they will attempt to reduce payouts or shift the blame to prevent payment altogether. But our legal experts are aware of the tactics insurance companies use, and we are not afraid to demand justice for your losses. If necessary, we will pursue your damages in a Virginia court.
What does a Personal Injury Lawyer in Richmond Do?
Personal injury is a type of civil law that enables injured victims to collect monetary compensation from at-fault parties. The tort system in Virginia holds people responsible for the accidents and injuries their negligence causes.
If you have an injury because of someone else’s fault, a personal injury lawyer can help you bring a claim against the guilty party and recoup your losses. Personal injury lawyers help you pursue and collect a fair payout after another person caused your accident.
When Should You Hire a Richmond Personal Injury Lawyer?
The work a personal injury attorney can do on your behalf makes recovering from an accident more manageable. You can consult with a member of our team almost immediately after going through your accident. Because Virginia is an at-fault state, you don’t need to wait for your insurer to get back to you before kicking off the process.
As we start to work together, you’ll find that our team can take on all manner of responsibilities in your case. This can include:
- Communicating with an allegedly-liable party
- Gathering evidence and witness statements from your accident
- Calculating your loss-based compensation
- Negotiating with institutions and individuals on your behalf
- Keeping you on top of case deadlines
- Representing you in a trial
When you team up with Christina Pendleton & Associates, you don’t even have to worry about the cost of these services. Our office works on contingency. You will never receive a bill for the services we offer. Instead, if we win your case, our contingency fee agreement will see us take a percentage of your final settlement as payment for services rendered.
How Long does It Take to Settle a Personal Injury Case?
The amount of time it takes to see a personal injury case through varies from person to person. Cases involving larger institutions can take longer, for example, because those institutions have the financial resources they need to stall legal proceedings. Alternatively, cases involving another individual may be resolved in as little as six months.
If you want to get an idea of how long your case may take, schedule a consultation with our team. Once we’ve evaluated the circumstances around your case, we can provide you with a rough timeline for proceedings.
Know, too, that we’ll walk with you through every stage of the legal process. You won’t be left to decipher a liable party’s emails or contact witnesses alone. Whether your case goes to negotiations or to trial, we’ll be there to help you until the issue is resolved.
Take Legal Action with Our Richmond Team
You don’t have to put off the legal action that could win you accident compensation. Personal injury lawyers in Richmond can help you fight for the financial support you need to get your life back on track.
Our team can review your accident claim in a free case consultation. As we evaluate the details of your case, we can explore your legal options and help you determine what your next best steps look like. To request a free consultation, contact us by phone or through our website.