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Ben's Blog 
Virginia Personal Injury Attorney
- Why Does USAA remind me of a Chinese silk market?
- Psychologist's Report Withheld By State Farm Results In New Trial
- LexisNexis Fair Credit Reporting Lawsuit-Class Action Mayhem
- Lady Hit By Train says "Railroad Should Have Warned Me"
- Stop Lawsuit Abuse
- Supreme Court: Privacy of Text Messages? You got to be kidding!
- Ridiculous verdict, aluminum baseball bat manufacturer loses big time
- Pay Cash--Doctor Scam
- Defective Coleman Heater Alleged in California Trial
- Is a parent resposible for the actions of his 4 year old?
Virginia Lawyers Weekly » Verdicts & Settlements 
Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes
Q: Can I still have a claim if the accident is partly my fault?
A: Not in Virginia, no.
A lot of places in the US use a thing called "comparative negligence" in which a judge or jury can figure out that an accident was the fault of one or more parties. For example a jury could say an accident was 80% one persons fault and 20% another persons fault thus decreasing possible damages awarded by the percentage of liability. Say your damages are $10,000 and your found to be 20% liable, you only get $8,000.
Virginia does NOT use "comparative negligence" but rather "contributory negligence." Contributory negligence is a doctrine that states if you contribute at all to your injuries then you can't recover a thing. But don't automatically assume an accident is your fault, most people can't tell exactly what happened when they've been in an accident so don't let the other driver guilt you into admitting anything.
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Testimonials
- I want to thank you and your staff for all your hard work in 2009.
- I have interacted with Ben as a lawyer since 2001.
- Its' Amazing How Insurance Companies Keep Kicking People- Ben was there to help!
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- Ben is one of the top two attorneys I have had the pleasure of working with over the last 20 years in business and personal legal issues.
Latest News
- Posted on 11/18/2009Texas Daycare Lawsuit Exposes Dangerous Loophole
- Posted on 11/17/2009Settlement for Family of Child Killed When Soccer Goal Tips Over
- Posted on 9/25/2009Staunton, VA Doc Punished For Assault & Battery
- Posted on 9/1/2009Congratulations to Attorney Brian Glass
- Posted on 9/1/2009Slip and Fall Cases in Virgina Get Even Tougher