Portsmouth Personal Injury Attorneys

What Is the Process for Filing Personal Injury Claims in Portsmouth, Virginia?

Personal injury law is unique from other types of legal cases, such as family law and criminal defense. You should do all the following:

• File as soon as possible.
• Comply with the Virginia statute of limitations.
• Value your settlement considering all damages.
• Work with an attorney to prove negligence.
• The contributory negligence standard means if you are even 1% responsible, you can be barred from collecting damages.

Always seek legal representation as soon as possible.

What Types of Accidents Fall Under Personal Injury in Portsmouth, Virginia?

Many types of accidents can result in personal injury cases in Portsmouth, VA. Any time you are involved in an incident where you get seriously hurt and it is caused by another person’s reckless behavior, it can fall under personal injury law, or tort law. These include, but may not be limited to:

• Car accident cases
• Premises liability
• Product liability
• Industrial accidents
• Medical malpractice
• Nursing home abuse
• Wrongful death
• Dog bites

Auto Accidents, Truck Accidents, and Motorcycle Accidents

Car, truck, and motorcycle accidents can bring catastrophic injuries. It can be caused by many factors, such as DUI, distraction, reading, cell phone use, eating and drinking, driving too fast for road conditions, poor weather, or simple recklessness.

Premises Liability and Slip-and-Fall

Premises liability refers to any injury you have on someone else’s property due to their negligence. If there was a risk that they knew about and they failed to address it, they may be liable if you get hurt. Most of these cases are slip-and-fall injuries, but they can also include injuries from falling objects or even heavy equipment failure.

Product Liability

Product liability results from one of three situations. If a product has a design defect, there is a core unreasonable danger in its basic design. If it has a manufacturing defect, the design is sound, but someone took shortcuts or used faulty parts in building it. Failure to warn refers to improper instructions or failure to let you know about potential risks.

Industrial Accidents

Industrial accidents involve heavy equipment injuries, chemical or biological injuries from dangerous environmental conditions, or other dangers. Suing an employer over one of these situations can be very complex and requires experienced legal representation.

Medical Malpractice

Medical malpractice occurs whenever a healthcare professional makes a critical mistake and causes a serious injury. Whether it is a misprescribed medication, a misdiagnosis of a major injury or illness, or a surgical mistake, you may be entitled to compensation for your injuries.

Nursing Home Abuse

Nursing home abuse is nothing short of a betrayal. When a health care provider at a nursing home conducts physical, emotional, sexual, or financial abuse, or neglects your elderly loved one to the detriment of their health, you should first get them out of that situation and call the authorities. Then, contact a Portsmouth injury lawyer to seek compensation.

Wrongful Death

Wrongful death refers to an accident that results in the death of a loved one, such as a parent or child, due to the negligence of another party. In these cases, you may be eligible for compensation to cover funeral and burial expenses as well as medical costs, lost comfort, lost wages, and the like.

Dog Bites

Dog bites and animal attacks happen every day. When someone fails to control their animal and it hurts you, you may be entitled to compensation for the animal’s acts.

How Long Do You Have to File a Personal Injury Claim in Portsmouth, Virginia?

Every state has a statute of limitations, or a time limit to file your lawsuit. Missing the statute of limitations means you may not be able to sue for damages. In Virginia, the time frame is two years from the date of the accident or from the date of death in a wrongful death case.

How Are Personal Injury Settlements Paid Out in Portsmouth?

A personal injury settlement from a defendant or insurance provider is generally paid out in one of two ways:

• Lump sum payment: Lump sum settlements are by far the most common means of getting a payout in an injury case. This means that you get your entire settlement in one payment. This lets you easily catch up on past bills and use your settlement however you best need to move forward.
• Structured settlements: Structured settlements are negotiated and paid in installments. They are generally funded by an annuity, but not always. You may get payments monthly, quarterly, semi-annually, or even annually, depending on the way your settlement is structured. Sometimes, though not always, these settlements can be restructured.

Your Portsmouth personal injury lawyer can advise you on your options so you can make the best choice for you.

How Hiring Portsmouth Personal Injury Lawyers Benefit You

A Portsmouth, Virginia personal injury lawyer can be your best friend and ally in your fight for maximum compensation in your injury case. They will provide you sound legal advice, representation, and advocate for your rights and interests against bullying insurance adjusters.

The right injury law firm will be able to fight for you and take on the stress of the battle while you focus on the all-important task of getting well. When the defense and insurance companies have powerful attorneys on their side, shouldn’t you have someone in your corner who can even the playing field?

Why Work With Montagna Law

Montagna Law is committed to making the law work for you. With our extensive experience, our law firm stands ready to fight all the way through court if necessary. Take a look at what some of our previous clients have had to say about our services.

Testimonials

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“I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for 8 years, it is noted that this firm goes above and beyond for the clients.”– Eric E.

“Montagna Law are wonderful attorneys. I was diagnosed with stage 4 lung cancer and they assisted me from day one when I contacted them. I highly recommend their services! Thanks guy’s and gal’s for your services!”– Kevin B.

Recent Personal Injury Lawsuit Verdicts and Settlements

The Montagna Law firm has won millions in settlements and verdicts for our clients over the years, including a $1.9 million industrial accident case, a $1 million slip-and-fall accident case, and a $950,000 settlement for a truck accident. We have represented clients from all over Hampton Roads, including those in Portsmouth, Virginia Beach, Norfolk, Suffolk, Chesapeake, and beyond.

While we cannot guarantee your case’s value immediately, all it takes is a free consultation to find out what yours might be worth. Call our law offices at 877-622-8100 or fill out our online form to speak to a member of our legal team about your case today. Let us begin our attorney-client relationship.

We Listen to Our Clients and Fight Every Step of the Way

If you live in Portsmouth and were seriously hurt in an accident, our personal injury attorneys are ready to advocate for your rights. Filing a personal injury claim yourself can be confusing and overwhelming. Let our team handle the stress of the fight while you work on recovery. Just call 877-622-8100 or fill out our easy contact form, and we’ll get in touch with you for a free consultation today.