Newport News Personal Injury Lawyer
Daily routine in Newport News often goes out the window when you are trying to deal with a painful personal injury, and even the most simple tasks can become an ordeal to get through. On top of that, you likely have doctor’s visits and added expenses at a time when you are unable to work to pay these bills, and claims adjusters from insurance companies may be asking questions that you are not sure how to answer.
Fortunately, every attorney at our firm knows exactly how to handle tricky insurance companies, requests for recorded statements, and all other aspects of recovering after a serious personal injury. After a case evaluation, a dedicated Newport News personal injury lawyer from Cooper Hurley Injury Lawyers could identify liable parties, go over your options for obtaining compensation for your damages, and help make sure you avoid taking actions or making statements that could jeopardize your right to recovery. Call one of our skilled personal injury attorneys today, and know that you are in capable hands.
How the Theory of Negligence Plays into Personal Injury Lawsuits
Negligence is a concept many people are generally familiar with, but it has a specific legal meaning in tort law. Virginia state law allows you to file a valid claim or lawsuit against another person to seek compensation if the at-fault party injures you by their carelessness.
One key issue in personal injury cases is insurance. If there is no auto insurance, homeowners insurance, or commercial insurance, there may be no recovery.
Every day in Newport News, people get hurt, and if the accident is caused by the negligence of another, they may be held liable for their accidental actions. If you suffer injury due to a business or individual’s careless behavior, a Newport News personal injury lawyer may be able to help you seek appropriate compensation.
Elements Required to Prove Legal Negligence
In general, for you to hold someone else liable for negligence, that person must owe a duty of care to you and must fail to exercise the proper care needed to fulfill that duty. The duty arises out of the relationship between the injured and the at-fault party, like store owner and customer. Following that, you must show that failure was the direct cause of measurable harm to you and/or your property.
The standard in most negligence cases is “ordinary care,” which is often defined as the care a reasonable person would exercise in the same or similar circumstances. That standard can vary according to the situation, though. For instance, the standard that a hotel is held to, in terms of the safety of their guests, is a higher standard than in a private home.
The Challenges in Proving Negligence
Many times, proving that someone owed a duty of care is not too difficult. All drivers owe a duty of care to pay attention and follow the rules of the road, for example, and restaurants owe a duty of care to keep their premises free from dangerous conditions when they invite diners to their business.
The greater difficulty is often in proving what the standard of care should have been, demonstrating that someone breached that duty, and showing that the failure to exercise ordinary care caused the harm you suffered and are seeking recovery for. For this reason, it is important to collect as much evidence as possible, including pictures, witness statements, and doctor’s reports—as well as having help from a qualified personal injury lawyer in Newport News. In some injury lawsuits, expert witnesses are needed to prove negligence. Cooper Hurley Injury Lawyers can find and hire the right experts, as needed.
Contacting a Newport News Personal Injury Attorney with Experience
Although the law in Virginia usually allows up to two years for you to file a personal injury lawsuit, it is generally wise to take action as soon as possible to preserve evidence and lay the groundwork for future success. An experienced Newport News personal injury lawyer could provide competent and personalized advice right from the start of your case, as well as help with the collection of the information needed to have the best chance of a successful claim.
Cooper Hurley Injury Lawyers could represent your interests in evidence collection, proof of what duty was breached, insurance negotiations, and all other proceedings relevant to your case. Call us today to find out how your local legal team may be able to help you recover financially for your serious injuries and losses.