Even if we live our lives with the utmost level of caution or take steps to avoid danger, serious injuries can still occur. Everyday activities in Portsmouth, VA such as buying groceries at Food Lion, driving down London Blvd, or shopping at Walmart Supercenter can open individuals up to the carelessness or negligence of others.
Whenever an incident, like a fall at a store or a traffic accident, results in an injury, and that injury is another party’s fault, the responsible party may be legally obligated to provide you compensation. This can include payments for medical bills, lost wages, and pain and suffering. However, asserting an insurance claim for serious personal injuries can be difficult.
Insurance companies will do everything they can to avoid paying even legitimate claims, so it is important to reach out to a Portsmouth, Virginia personal injury lawyer as soon as possible. Our skilled attorneys can work from the beginning to protect your rights and fight back against the big insurance companies.
Types of Personal Injuries and Claims
A personal injury claim can arise from any bodily injury that results from another’s actions. The most common examples are car accidents caused by negligent drivers. Examples of other kinds personal injury cases include:
A Portsmouth personal injury lawyer could help investigate your case and build a comprehensive claim. We also help make sure lawsuit deadlines are met like the statute of limitations. VA Code Ann. §8.01-243 states that most personal injury cases must be filed in a Virginia court no more than two years from the date of the accident.
Proving Someone Else Liable for an Accident in Portsmouth
To prove someone was negligent and caused bodily injury, an attorney must demonstrate that:
The defendant owed the claimant a duty of care
The defendant violated their duty of care by acting recklessly or carelessly
An accident happened as a direct result of the defendant’s breach of duty
The claimant suffered some form of damage
It is important to note that proving negligence requires more than just showing a correlation between the defendant’s actions and the accident—instead, a claimant must prove a direct causal link between the two. Working to demonstrate this link based on a preponderance of the evidence is one of the most crucial services a local personal injury attorney from Cooper Hurley Injury Lawyers could provide.
What if a Claimant is Found Partially to Blame for Their Injuries?
If a civil court finds that a plaintiff bears some degree of fault for causing the accident that injured them, the court may bar the plaintiff from recovering compensation entirely. This is called contributory negligence. Therefore, if an injured party wants to effectively contest allegations of contributory negligence made by the defendant, they should seek help from a skilled attorney in Portsmouth.
What Compensation is Claimable in the Portsmouth Circuit Court?
The center of any Virginia personal injury claim is bodily injury that required medical care. A claim can demand payments to cover any medical bills incurred, even if paid for by your health insurer, including experts for emergency treatment, surgery, doctor’s visits, medications, and physical therapy.
However, a personal injury claim is incomplete unless it also considers the full impact of the incident upon your life. This includes considerations of any additional economic or emotional losses. If the incident leaves you unable to work for a period of time, or even the rest of your life, the claimant can demand reimbursement for this lost income.
In addition, a comprehensive claim should attempt to describe and show your suffering and loss of quality of life due to the injury. A Portsmouth lawyer could help you claim all the compensation you are entitled to and fight for your right to receive a full and fair amount of money in a personal injury lawsuit.
How Should I Deal with the Insurance Company?
Insurance companies make money by collecting more money in premiums than it is pays out in claims. As such, claimants should be careful about giving any information to the insurance company, as they often misconstrue statements that may make it more difficult to collect compensation.
Additionally, injured parties should be wary about any quick settlement offers they receive from a defendant’s insurance company. These offers are designed to trick potential claimants into accepting far less than what their case is worth. As a result, parties with bodily injuries should consult with an attorney in Portsmouth before accepting any settlement offer in a personal injury case.
Speak with a Portsmouth Personal Injury Attorney Today
Suffering a personal injury is a difficult time in anyone’s life. On top of the obvious need for medical attention, you may also be dealing with a loss of wages and emotional anguish that throws your entire life into chaos. While you are attempting to cope with this new reality, an insurance company may be pressuring you into a low settlement to end the case.
Let our experienced Portsmouth, VA personal injury lawyers take the lead, allowing you to focus on what is important to you. We could gather vital evidence, build the case, and file claims for appropriate compensation against the at-fault parties. Contact the attorneys at our firm today for a free consultation to learn more about what we can do to help you or your family member.