Virginia Beach, VA, is one of the most popular cities in the state. As a result of the high number of residents and tourists, the city experiences a fair share of personal injury claims. If you believe you may have a personal injury case on your hands, an attorney can help you navigate the legal options available to you.
The Virginia Beach personal injury attorneys with Pendleton Law Firm are ready to fight for maximum compensation in your case. We understand how negotiation can contribute to your settlement, and we’re prepared to put our experience to use on your behalf.
Qualifying for a Personal Injury Claim
The term “personal injury” covers more than one kind of accident. The cases that can fall under this broad legal category include, but aren’t limited to:
- Car accidents
- DUI accidents
- Medical malpractice cases
- Nursing home abuse cases
- Slip and fall accidents
- Dog bites
- Premises liability cases
To determine whether you qualify for a personal injury case, assess the circumstances that led to your accident. A Virginia Beach personal injury attorney from our office can determine what parties may be liable for your losses.
The key idea behind personal injury is negligence. Another person’s negligence or recklessness can allow us to file a claim on your behalf to get compensation for what happened to you. Our first priority is to prove it.
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How Is Negligence Proven?
There are four components to proving negligence:
- Did the other party have a responsibility for your safety that a reasonable person would have done? This is called a duty of care in legal terms.
- Did the other party break that duty of care and put others at risk?
- Was your accident caused because of that breach?
- Were you injured enough by that accident to justify seeking compensation for your damages?
A challenge of personal injury cases in Virginia is the contributory negligence rule. If you share any responsibility for your injuries, you cannot file a claim in court. Thus, another thing our lawyers will do is work to disprove claims you shared fault from the insurers.
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You Have Two Years to File Your Claim in Virginia
If you suffer from an accident and want to take legal action, know that you have a limited amount of time to act. Virginia Civil Remedies and Procedure § 8.01-243(A) gives you three years to file a personal injury claim.
More specifically, your claim needs to make it onto the desk of a county clerk within three years from the day your accident takes place. The Virginia Beach personal injury lawyers at Christina Pendleton & Associates can help with this process.
Filing a complaint within this deadline doesn’t necessarily set you up for a trial. While you have the option to carry your case forward, you can also use your legal backing to issue a summons and negotiate for a settlement. None of these options will be available to you if you fail to meet Virginia’s deadline, though.
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Resolving a Personal Injury Claim in Virginia Beach
Personal injury cases can be extremely emotional for everyone involved. Not only is there the usual legal paperwork any court case involves, but there is also the chance that dealing with the details of a case might bring back painful memories for you.
Fortunately, you don’t have to do it yourself. We can help you. To begin the legal process, we’ll need to file a complaint. These complaints should be as thorough as possible. This means that they should detail the extent of your losses, your ideal compensation, and the identity of the party you want to hold liable for the accident.
After we file a complaint, we can summon the liable party to negotiate a settlement. If negotiations don’t go well, or if the liable party refutes your claim, you can take your personal injury case to trial. Trials conclude with a jury deciding whether or not you deserve compensation for your losses.
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What if I Share Responsibility for My Accident?
If you believe you share responsibility for your accident, do not tell your fears to the other party. Instead, tell your lawyer. Virginia law stipulates that people who share responsibility for accidents cannot claim compensation in court.
If the other party finds out, we will have to disprove their claims. If we can’t, you could get much less compensation than you could. Let our lawyers explain what happened to the insurance companies instead.
Personal Injury Settlements: What to Expect
Personal injury cases involving a larger corporation aren’t always easy to navigate. However, these cases often see the business in question put forward a settlement offer long before the case goes to trial. These settlement offers can be generous, but don’t let large numbers overwhelm you.
Settlement offers can always be negotiated. You don’t even have to represent yourself during these conversations. A personal injury attorney who handles Virginia Beach claims can stand for you and prevent the intimidation tactics that might otherwise scare you away from the support you deserve.
Alternatively, you can request a settlement during your negotiations. Have an estimate of the compensation you deserve on standby. It’s best to compare this number against any offer a liable party makes. This way, you can fight for the financial support you need to get your life back in order.
Compensation in Personal Injury Trials
You have the right to make a list of your potential roads to compensation before your trial begins. What avenues you have for compensation will vary, however, based on the circumstances of your accident.
In most cases, you’ll be able to request financial support based on losses like:
- Accident-related medical expenses
- Wages lost to recovery
- Rehabilitation expenses
- Loss of future earnings
- Pain and suffering or emotional distress
Personal injury lawyers understand that earning the maximum compensation you can for your accident takes time. If you think you are entitled to a settlement following a personal injury, we can work to get you the support you deserve.
The Benefits of Hiring a Personal Injury Lawyer
Working with the personal injury lawyers serving Virginia Beach makes it easier for you to recover from your accident and address the complexities of today’s legal system. While you go to physical therapy or schedule property repairs, our team can compile the information needed to bring your concerns forward.
A Virginia Beach injury attorney from our office can do more than behind-the-scenes work, though. We can also:
- Communicate with liable parties and their representatives
- Calculate your accident-related compensation
- Submit essential paperwork by court deadlines
- Schedule negotiations as needed
- Represent you before a judge and court
- Arrange witness statements and appearances
We take the benefits of a personal injury attorney one step further. Our firm operates on contingency. This means that you will never receive a bill for services rendered. Instead, you can discuss our contingency fee agreement during your initial case consultation, then put bills out of your mind.
Find an Experienced and Trustworthy Personal Injury Lawyer Near You
At Pendleton Law, we’ve represented more than 80,000 clients looking for compensation for their losses. If you’re ready to put your case to rest, you can call on our team. Our personal injury lawyers serving Virginia Beach are ready to discuss your road to accident compensation.
To schedule your case consultation, you can call our main office. Alternatively, you can use our online form or chatbot to discuss your case with an on-site professional.
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