Portsmouth Personal Injury Attorneys

No one expects to be in an accident that causes serious injuries, but it happens every moment of every day, and it could be you at any time. It gets worse when the injuries are so severe that you can no longer work and afford your bills. Furthermore, insurance companies are intimidating and do not work to protect your best interests. Insurance companies make money by giving you the lowest payout possible for your accident. Accident victims who do not have the representation of a lawyer will often sign these low offers only to realize that the money later does not fully cover their medical costs and lost income. If you take the first settlement offered and do not pursue a personal injury claim, you will likely not get what you deserve.

With insurance companies increasingly holding back what they owe victims, it is vital to have a law firm with practice areas in personal injury looking out for you. Whether you are a resident in Virginia Beach, Norfolk, or Portsmouth, our personal injury lawyers are ready to stand up for you and fight for your rights every step of the way. Let an experienced personal injury lawyer in Portsmouth, VA at the Montagna Klein Camden law firm take on the fight while you focus on getting well again.

Recent Personal Injury Lawsuit Verdicts and Settlements

Montagna Law Firm has won millions in settlements and verdicts for our clients over the years, including a $1.9 million industrial accident case and a $1 million slip and fall accident case. 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 phone call and a free consultation to find out what yours might be worth. Call our law offices at 757-622-8100 or fill out our online form to speak to a member of our legal team about your case today.   

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. With personal injury cases, the sooner you file, the better off you will be. You must file your case within the timeframe outlined by the Virginia statute of limitations.

Valuing your settlement must involve not only medical bills, lost wages, and the like, but invisible injuries like the loss of enjoyment of life and emotional trauma, mental health issues, and symptoms that can arise from things like a traumatic brain injury. You must also work with your attorney to build a solid case, as it is essential to prove negligence.

Negligence means proving that the defendant acted in an unreasonably irresponsible way and that their actions led to the incident. Additionally, you must prove that the accident was the direct cause of your injuries. This is critical because Virginia has particularly harsh rules on shared fault. We are one of only four states that have contributory negligence. This means that if you are even 1% responsible, you can be barred from collecting damages.

Because of this, you should not hesitate to seek legal representation in your case from an experienced personal injury lawyer. Seek representation from a firm with a track record of success for Portsmouth accident victims. Montagna Law is that firm.

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

A 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 health care 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 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. Most are delivered as a lump sum payment, while others can be paid out in structured settlements. Your VA personal injury lawyer can advise you on your options so you can make the best choice for you.

Lump Sum Settlement

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 Settlement

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.

How Can Hiring Portsmouth Personal Injury Lawyers Benefit Me?

A Portsmouth, VA personal injury lawyer can be your best friend and ally in your fight for maximum compensation in your injury case. They will give you legal advice, representation, and peace of mind. They will advocate for your rights and interests. They will stand up to bullying insurance adjusters and remind everyone that you are the one who was wronged, and you are the one who deserves compensation.

The right attorney 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? 

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 us handle the stress of the fight while you work on recovery. Just call 757-622-8100 or fill out our easy contact form, and we’ll get in touch with you for a free consultation today.