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Virginia Personal Injury 101

| Jon Montagna |

Find out how Virginia’s personal injury laws affect your claim for compensation.

Each state enacts its own personal injury law statutes. However, no matter where your injury occurs, you and your attorney must prove that the negligence or intentional acts of another party caused your accident. If you are injured in the state of Virginia, you face some additional challenges in collecting the full compensation you are due, so you should consider hiring an experienced liability lawyer to be non-negotiable.

The Statute of Limitations

A statute of limitations sets a time limit on how long you can wait to file a claim. In Virginia, the time limit is two years from the date of your accident, which may seem like there’s no need to rush. However, two years can easily become two months if you procrastinate, so get in touch with your personal injury lawyer as soon after the incident as possible.

A Claim Involving Government

Virginia law dictates particular actions you must take if the liable party in your accident is a city, county or state government entity. For example, if a dangerous hazard on a city street, such as an unmarked, open manhole, caused your car to jerk out of your control and crash, you may find yourself suing the city government for compensation.

In such situations, your first step is to inform the powers that be that you are planning to make a claim. Your attorney must prepare a formal document and send it to the government entity involved. If you are dealing with a city or town in Virginia, the deadline for submitting this document is six months after your incident. If state government is involved, the statute allows you one year’s time. You can only file a legal claim after you have completed this notification.

Shared Liability in Virginia

Virginia is among only four states and the District of Columbia that sanction pure contributory negligence in personal injury cases. This means that if a judge finds you were even one percent to blame for your injury, you are not eligible to receive any compensation whatsoever. Therefore, an attorney’s assistance is critical in proving your claim.

Limits on Damage Awards

On a brighter note, the state of Virginia does not impose general limits on the potential amount of compensation you can receive. The exceptions are medical malpractice actions, in which damages are limited to $2 million or less, and punitive compensation, which the state limits to $350,000.

Get the Help You Need from Virginia Personal Injury Lawyers

At Montagna Klein Camden of Norfolk and Newport News, we fight for the full compensation you are due as a victim of an accident that is someone else’s fault. We are experienced with Virginia’s specific laws regarding personal injuries, and we know how to make them work in your favor. Contact us today to schedule your free initial consultation.


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