Archive for the ‘FAQs’ Category

Q: In Virginia, Can I have a claim if I am partly at fault in a car accident?

Friday, June 24th, 2011

In Virginia, you may not file a claim if you in any way contributed to your injuries.

Comparative Negligence vs Contributory Negligence

Comparative Negligence

Almost all states follow the comparative negligence system which allocates a percentage of fault between the individuals involved in the accident. With this type of system a defendant may prove that the plaintiff was partially at fault for the accident, relieving themselves of full liability.

  • “pure” comparative negligence
    • If a plaintiff was awarded $100,000 and the judge determined that the plaintiff was 10% at fault for their injury, they would receive $90,000. Damages are reduced to reflect the their contribution to the injury. This would also apply if the plaintiff were 80% responsible for their injury, and they would receive 20% of the damages.
  • “modified” comparative negligence
    • Most states that follow the comparative negligence system use this modified approach. If the plaintiff is found to be 50% or more responsible for the accident, they may not recover any damages at all.

Contributory Negligence
Virginia is one of the few states that still follow the contributory negligence system. The only other states are: Alabama, Maryland, North Carolina, Virginia, and Washington DC.

The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.

 

More Virginia Car Accident Frequently Asked Questions

Virginia Personal Injury Attorney


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Q: What type of compensation can be claimed in a Virginia Wrongful Death case?

Monday, June 13th, 2011

Q: What type of compensation can be claimed in a Virginia wrongful death case?

If you have lost a loved one due to someone else’s negligence, you may be entitled to damages for certain circumstances under Virginia law.

Virginia Code § 8.01-52: Amount of damages

“The verdict or judgement of the court trying the case without a jury shall include, but not be limited to, damages for the following:

  1. Sorrow, mental anguish, and solace which many include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
  2. Compensation for reasonable expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent;
  3. Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death;
  4. Reasonable funeral expenses; and
  5. Punitive damages may be recovered for wilful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others”

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Q: What is the time limitation for filing a Virginia medical malpractice claim?

Friday, May 27th, 2011

 

The time limit allowed in Virginia for filing a medical malpractice claim, or statute of limitations, is generally 2 years from the date the injury occurred. So for example:

  • 2 years from a misdiagnosis which resulted in an incorrect treatment or even lack of treatment leading to further injury
  • 2 years from a prescription error which caused you harm
  • 2 years from a surgical error

Depending on the type of case, there may be a few exceptions. For example, in the case that a foreign object is left in the body during a surgery, you only have 1 year from the date the object was discovered to file a lawsuit.

In Virginia it is required that an expert, a certified physician or medical professional, support your claim of negligence before you can file a lawsuit. This can sometimes be a lengthy process and must be done before the statute of limitations or you will not be able to file a lawsuit.

If you think that you may have a potential medical malpractice claim, contact our office to speak with a medical malpractice attorney about your options. We provide free, no obligation consultations.

E-mail Us or call toll free 877-544-5323.

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