Frequently Asked Questions About Virginia Beach Personal Injury Cases
If you’ve been injured in an accident, you probably have questions about whether you can take legal action to pursue compensation. Here, attorneys Mike Deering and Chris Todd Hedrick provide straightforward answers to some of the most common questions about personal injury cases. Keep reading to learn more about Virginia Beach personal injury claims, or contact Deering Hedrick to speak to an attorney.
What Is a Personal Injury Claim?
A personal injury claim is a legal action that allows an injured individual to seek compensation from the party or entity responsible for their injury. A person, business, or other entity could be held liable for injuries they cause through wrongdoing, negligence, or reckless behavior. Many injury victims pursue compensation for their injury-related losses through insurance claims, personal injury lawsuits, or both.
What Kinds of Accidents Might Qualify for a Personal Injury Claim?
Some of the kinds of accidents that often result in personal injury claims include the following:
- Car accidents – If a driver’s actions or inaction causes an accident that leaves you injured, you could be entitled to file a personal injury claim against the driver. You might also have a claim against a pedestrian, bicyclist, or another party that caused the crash.
- Motorcycle accidents – Motorcyclists have the same rights as road users, but many drivers fail to notice motorcyclists. If a motorist acts carelessly or disobeys a traffic law and causes a motorcycle accident, they could be responsible for the motorcycle rider’s injuries and property damage.
- Semi-truck accidents – Truck drivers, trucking companies, and other entities are often responsible for injuries and property damage from semi-truck accidents. Because the trucking industry comprises multiple parties, more than one person or company could be liable for a truck crash.
- Pedestrian accidents – Drivers must take precautions around pedestrians and obey all traffic laws. Failure to notice pedestrians or allow them the right-of-way can result in serious pedestrian accidents.
- Bicycle accidents – Cyclists generally have the same rights as other road users, but drivers often endanger cyclists by engaging in reckless or careless behaviors behind the wheel. A driver who hits a cyclist could be responsible for their injuries and damage to their bicycle.
- Boat accidents – Boat operators are required to obey laws that are in place to prevent accidents on waterways. Failure to follow these rules or take care around other watercraft can result in accidents.
- Slip-and-fall accidents or other premises liability cases – Property owners have a legal duty to protect visitors from hazards on their premises. If you slip and fall or suffer another injury on someone’s property, you may have a personal injury claim against the property owner.
- Medical malpractice – Doctors, medical facilities, nurses, and other healthcare providers must adhere to a medical standard of care. Patients injured by these parties could be eligible to file medical malpractice claims, a type of personal injury claim.
- Accidents at work – While workers’ compensation insurance generally bars injured employees from suing their employers, there are exceptions. Workers who are injured by third parties, such as property owners, may be entitled to file personal injury claims.
- Defective products – Companies and manufacturers must ensure their products are safe and warn users of potential dangers. When consumers are harmed by faulty products, the company or manufacturer of the product could be at fault.
- Nursing home abuse and neglect – Nursing home facilities that endanger, abuse, or neglect residents could be liable for these residents’ injuries.
- Dog bites – If a dog bites or attacks you, the dog’s owner could be liable for your injuries.
- Construction accidents – Construction sites are inherently dangerous to workers and passersby. Construction companies that fail to put safety measures in place could be responsible for injuries to employees and others.
- Wrongful death – If a person dies due to a party’s wrongful action or inaction, the surviving family members could be eligible to file a wrongful death claim.
What Do You Have to Prove in a Virginia Beach Personal Injury Case?
Typically, the plaintiff in a personal injury case must show that the defendant had a duty to prevent harm to the plaintiff but failed to uphold this duty, resulting in the plaintiff’s injuries. For instance, all drivers must use caution behind the wheel and obey traffic laws. A driver who fails to do so and causes an accident could be liable for injuries and property damage resulting from the crash. A plaintiff must provide evidence of their injuries and the losses they incurred.
What Compensation Can I Recover in a Personal Injury Case?
Every personal injury case is different, so it’s difficult to estimate how much compensation you might be owed in your case. However, a plaintiff in a successful personal injury case may be compensated for the following losses:
- Lost wages
- Medical bills
- Reduced future earnings
- Physical pain
- Emotional distress
- Diminished quality of life
- Damaged personal property
How Long Do I Have to File a Lawsuit?
Virginia law gives you two years from the date of an accident to file a personal injury lawsuit. There are some exceptions to this rule, but you should speak to an attorney immediately to ensure you do not miss the statutory deadline.
Do I Need a Lawyer for a Personal Injury Case?
While you are not legally required to hire a lawyer for a personal injury case, you are more likely to obtain a favorable outcome with an attorney’s help. Lawyers have experience negotiating with insurance companies and can help you pursue the compensation you deserve for your losses. A Virginia Beach personal injury lawyer can handle all the details in your case so that you can focus on healing from your injuries. A personal injury attorney can file the necessary paperwork, keep track of crucial deadlines, and help you seek maximum compensation.
If you have more questions about personal injury cases in Virginia Beach, attorneys Mike Deering and Chris Todd Hedrick can provide the answers you need. Call us today or visit our contact page to speak to our experienced personal injury lawyers about your case.