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Personal Injury FAQs

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Jim Hurley at Desk

What Is the Virginia Statute of Limitations for Personal injury?

In most cases, the Virginia personal injury statute of limitations is two years from the date of your accident. This deadline for filing a lawsuit applies to cases such as car accidents and slips and falls. Wrongful death claims in Virginia also have a two-year statute of limitations, which generally starts running from the date of death.



Don’t wait until you’re approaching the deadline to contact our experienced personal injury attorneys. Filing after the deadline means losing your right to compensation. Acting quickly also gives our attorneys time to investigate, collect critical evidence, and prepare your case. By getting started early, we can approach settlement negotiations and court from a position of strength, improving your chances of receiving fair compensation. It is best to promptly hire a law firm after an accident.

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Jim Hurley at Desk

Understanding Punitive Damages in Virginia

Punitive damages, sometimes known as exemplary damages, are awarded by courts to punish defendants for egregious behavior. They are difficult to obtain since you must prove the wrongdoer’s conduct was so deliberate or reckless that it reflected a conscious disregard for the safety of others. Cooper Hurley Injury Lawyers can evaluate your case and help you build a strong case for both punitive and compensatory damages.

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Settlement process

How Long Does a Personal Injury Lawsuit Take?

If you have been hurt in an accident, you may be wondering, “How long does a personal injury lawsuit take to resolve?” You may also be anxious to resolve your personal injury claim as quickly as possible so you can move forward with your life.

That is understandable. However, remember that a quick resolution can leave money on the table. Depending on the complexity and circumstances of your case, it can take anywhere from a few weeks to over a year to secure full and fair compensation. Though some cases are settled quickly, patience is key.

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Boat

When Should You Report a Boating Accident in Virginia?

It’s important to follow proper procedures after a boating accident to avoid charges. Just as drivers face trouble if they leave the scene if a car accident, you can face criminal charges for not reporting a boating mishap.

The Virginia Department of Game & Inland Fisheries sets out the rules for reporting a boating accident in the Commonwealth.

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How Do You Prove a Traumatic Brain Injury?

Proving a traumatic brain injury (TBI) can be difficult. Since a TBI does not necessarily result in physical injuries, it can be difficult to display the full impact of the injury. Therefore, it is essential to work with a well-versed attorney who can help you collect evidence in your Virginia Beach traumatic brain injury case.

diligent brain injury attorney can get to work right away to prove your injury. With the help of our dedicated attorneys, you may be able to recover the full and fair compensation you deserve.

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What to Do After a Traumatic Brain Injury in Virginia?

Even if you are not sure whether you suffered a traumatic brain injury (TBI), the most important action to take is to get medical treatment. Only a doctor can correctly diagnose and treat an injury and, the longer you wait, the worse the prognosis could be. The other action you should take after a Virginia Beach traumatic brain injury caused by someone else’s negligence is contacting a knowledgeable attorney.

A skilled Virginia TBI lawyer can help guide you through the claims process and make sure you are making the right decision for your case. The lawyers at Cooper Hurley Injury Lawyers work with people in this situation often and have the resources and experience necessary to help you work towards the best possible outcome.

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How Does Survival Action Work in Virginia?

A survival action claim is one that works to repay a person’s estate for the suffering their loved one endured due to the negligence of another. In other words, it covers the losses that would be brought up in a personal injury claim had the person survived. This can help your family hold the responsible party accountable and can help pay for any medical bills and other expenses your loved one incurred due to the negligence of another.

When you are struggling following the death of a loved one, our attorneys at Cooper Hurley Injury Lawyers can be there for you. We can walk you through the Virginia Beach survival action case process so that you can know what to expect. By working with an experienced wrongful death attorney you can make sure you are making the decisions that are right for your case.

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calculating injury claim

Is There a Personal Injury Calculator in Virginia?

Virginia personal injury attorneys are often asked by clients ‘how much is my case worth?’ It’s not a simple question to answer. Although some damages can be worked out by tried and tested formulas, others are not so easily quantified. There is no such thing as a personal injury calculator in Virginia.

There are two main elements of a personal injury claim, economic damages and pain and suffering damages. A personal injury claim involves adding up past medical bills, future medical bills, lost wages and wages likely to be lost in the future. A pain and suffering element is added to the equation. The amount awarded for pain and suffering may exceed the amount given from the other losses. Virginia courts may also add punitive damages in some cases such as the worst instances of drunk driving. This is additional money intended to punish the at-fault driver.

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Crosswalk

What Are the Virginia Crosswalk Laws for Pedestrians?

Your rights as a pedestrian in Virginia become relevant if you are hit and injured by a car. Although you may think you have a right to protection wherever you are walking, certain laws will govern your level of protection in the Commonwealth.

While some laws such as not stepping into the middle of a highway make perfect sense, pedestrians may be less aware of others such as Virginia Law Code 46.2-928 – that requires pedestrians to walk on the sidewalk if one is present.

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How Are Medical Bills Treated When the Injured Person is in the Military?

I am often asked how are medical bills treated when a person in the military is hurt off duty in a car accident that was someone else’s fault?

As anybody in a military family knows the treatment for active-duty personnel by the U.S. Government is without charge whether it is at Portland Naval Hospital or at the Boone Clinic or on board a ship. However, the at-fault driver and their insurance company in a car accident situation which injured a Navy person do not get off scot-free without having responsibility for medical bills even though the treatment is free to the sailor or soldier.

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