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What is a Virginia Personal Injury Claim? (Part A)


When you've been seriously injured because of the negligence of another your first thought is probably concerning how you're going to pay for all these medical expenses. You're probably out of work as you recover from your injuries, adding more worries about losing out on paychecks. To top it all off, there can even be questions about permanent disability, property damage, and long-term care.

Your Fairfax personal injury attorney will be your best friend when navigating the treacherous waters of a Virginia personal injury claim. Your first stop on the road to recovering damages for your injuries is to understand just what goes on in a Virginia personal injury claim.

An Overview of the Virginia Personal Injury Claim Process

It's best to get your Fairfax personal injury attorney involved right away when you seek to file a Virginia personal injury claim. The sooner your attorney becomes familiar with your case, the better they can help you settle it to your best advantage.

A Virginia personal injury claim needs to have the following elements to be seen as valid:

  • a plaintiff with serious injuries and losses;
  • a defendant whose negligent acts caused the plaintiff's injuries;
  • proof of negligence/fault;
  • substantial damages (medical bills, lost wages, etc.);
  • evidence of the accident; and
  • a request for compensation.

If you caused the injuries yourself, you do not have a valid Virginia personal injury claim. Likewise, because Virginia is a contributory negligence state, you cannot be found to have contributed in the slightest amount to causing your injuries. If you were injured in a car accident in Virginia, yet you were not following Virginia seat belt laws, your Virginia personal injury claim may be denied.

Because of the laws surrounding contributory negligence are so severe, your Virginia personal injury claim may benefit greatly when you have an experienced Fairfax personal injury attorney helping you prove your case.

For more information on personal injury cases, click on this link for access to a free sample chapter of The Five Deadly Sins That Can Wreck Your Injury Claim.


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