Personal Injury Claims: Fault Determination and Different Compensation Categories for Richmond VA

by | Oct 15, 2012 | Law Services

When looking for a personal injury attorney, Richmond VA, it is important to understand the following aspects of personal injury claims: fault determination process, types of compensation categories for personal injury, statute of limitations as well as places where you can file the lawsuit. So, how is fault determined in a Virginia personal injury claim?

Firstly, Virginia law requires that you prove the negligence of the other party before you can lodge a claim and collect money arising thereof. In order to do this, you have to show that the other party that occasioned the injuries had a primary responsibility of not injuring you and as such, failed in this regard. You also have to show an explicit connection between your injury and the responsibility of the other party. In addition, you have to show that you suffered financial loss or damages due to the accident.

A personal injury attorney is obligated to tell you that under Virginia law, any responsibility on your part for the accident, nullifies any monetary compensation from the other party. A personal injury attorney, Richmond VA will come in handy by advising you on the best legal options as well as the collection of money from the party that bears responsibility for the accident.

The state of Virginia has several types of personal injury compensations. Once negligence is properly determined, the responsible party is required to bear the following costs: all medical expenses relating to the treatment of your injuries, permanent disfigurement and disability arising from the mishap, emotional and psychological distress as well as the replacement or repair of any damaged property. In addition, the responsible party may also be required to shoulder all costs pertaining to lost wages as a result of time off to attend physical therapy sessions, domestic workers who have to help with your household chores and any other bills stemming from the accident.

If you sustained injuries because of the criminal actions of another party, you have the right to press charges under Virginia criminal laws. However, in order to receive monetary compensation for your injuries, a personal injury attorney will direct you to file a lawsuit detailing your personal injury in a Virginia court. The state of Virginia has the statute of limitations provision, which allow the filing of a bodily injury claim two years later on. If your personal injury attorney, Richmond VA does not reach a suitable settlement with the other party or insurance company, it is advisable to file a lawsuit before the statute of limitation ends.

If this period lapses before you file a lawsuit, you forfeit all rights to take legal action against the other party.

A personal injury attorney of Richmond VA will take you through all these steps in a professional and courteous way. Visit Gary R. Hershner, Attorney at Law for more details for Richmond VA personal injury attorneys here.

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