Understanding the Recovery Process in Virginia Personal Injury Claims

Following an unexpected accident, you may feel at a loss for what to do next. In the event that you decide to file a personal injury claim on behalf of yourself or a loved one to recover compensation, it is crucial that you do your research and speak with an experienced attorney. In Virginia, like other states, personal injury laws can vary and, depending on the circumstances of your claim, may impact the success of your claim in different ways.

According to a recent news report, a 13-year-old boy died following a two-car collision. Local authorities noted that the boy was a passenger in a car traveling north when the car attempted to make a left turn to enter a shopping center. The car then collided with another vehicle that was traveling south. Based on a preliminary investigation, the boy was taken to the hospital, where he was pronounced dead. Both drivers suffered injuries also, but they did not appear to be life-threatening. Local authorities are still investigating the details of the accident.

If you or someone you love was recently involved in a similar accident and you are considering filing a lawsuit, you may be wondering what Virginia laws may impact your case.

First, if you are considering filing a personal injury claim, time is of the essence. In Virginia, there is a two-year statute of limitations that applies to all personal injury cases. The clock begins running from the date of your accident and claims that are filed after this deadline are rarely heard.

Second, in general, there are no caps on personal injury claims when it comes to how much compensation a plaintiff can recover. There are, however, two exceptions. First, medical malpractice cases are capped at $2 million in Virginia. Second, punitive damages, otherwise known as damages that are meant to preclude the at-fault party from committing the same offense again, are capped at $350,000. Punitive damages are typically not an issue in most jury claims because they require additional burdens of proof that do not come up in the run-of-the-mill personal injury claim.

Third, even if you are within the statute of limitations, a lawsuit may not be the best course of action depending on the circumstances surrounding your case. Because Virginia uses a contributory negligence framework when it comes to fault, it could mean that you may be ineligible from collecting compensation at all depending on the circumstances of your case. Under a contributory negligence framework, even if you have a small percentage of fault in causing the accident, you may not be able to recover anything from the other responsible parties.

Do You Need a Virginia Personal Injury Lawyer?

If you or someone you love was recently involved in a Virginia car accident, contact award-winning attorney Sidney Schupak of The Schupak Law Firm, LLC today. Mr. Schupak has consistently achieved excellent results on behalf of his clients, including setting numerous records in million-dollar jury verdicts and settlements in Virginia. To schedule a free initial consultation today, contact us at 703-491-7070.

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