
Not everyone who is involved in an accident has the grounds to file a Virginia personal injury claim. Fairfax personal injury attorneys like myself see dozens of cases come across our desks that are obviously NOT applicable for filing a Virginia personal injury claim. These cases are the ones that aren't serious enough to warrant a settlement, or don't have enough solid evidence to make a claim.
Before You Do Anything, Talk to a Fairfax Personal Injury Attorney
You can save yourself precious time and effort by bringing your potential Virginia personal injury claim to the attention of a Fairfax personal injury attorney. While yes, you can file a Virginia personal injury claim on your own with an insurance company, involving an attorney as soon as possible is your best bet for a lower hassle settlement experience.
Your Fairfax personal injury attorney can give your claim a personal overview and determine whether or not your accident and injuries warrant a Virginia personal injury claim. In some cases, your claim may be clear-cut and simple enough that you can file without an attorney's help. Or your Fairfax personal injury attorney may explain that you lack the necessary elements of a basic personal injury claim.
The Big Question: Was There Negligence Involved?
One of the first questions your Fairfax personal injury attorney will ask is who is at fault for your injuries. You're not going to be able to file a Virginia personal injury claim if you caused the accident. Virginia is a contributory negligence state, meaning in order to recover damages, you cannot be found at fault for your injuries. This means solid evidence and a good defense against claims from the other party are critical to your claim. Your Fairfax personal injury attorney can help you build these necessary parts of your claim.
Proving negligence involves extensive evidence that the other party was completely at fault for your accident and injuries, and that they should be held liable for your damages. Photographs, witness statements and police reports are all excellent sources to help prove your Virginia personal injury claim.
Negligence is basically a person's actions which cause you harm. It can be as simple as a driver who runs a red light and crashes into your car, to something more complex like a grocery store that fails to attend to a puddle of water on the floor that causes you to slip and fall. In both of these cases, the other party had a duty to keep their actions (or in the grocery store's case, inaction) from harming you.
For more information on personal injury cases, click on this link fr access to a sample chapter of The Five Deadly Sins That Can Wreck Your Injury Claim.
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