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Newport News
Personal Injury

Our dedicated team of personal attorneys is committed to providing compassionate counsel and relentless representation. 

24/7 Accident Support: 877-622-8100

Newport News Personal Injury Lawyers

Have you recently suffered an injury that was not your fault, but it left you unable to continue to live your life as you always have? If so, you are probably facing the difficulty of fighting with the insurance companies over your settlement. The process can be frustrating, long, and terrifying as you face rising medical bills with no income to pay them.

Hiring a Newport News personal injury attorney can alleviate the pain of dealing with the legal processes, jargon, and complexities of injury claims. The personal injury lawyers in Newport News at the Montagna Law law firm are ready to provide advocacy, legal advice, and representation to stand up for your rights today.

Let us work on recovering compensation while you work on recovering from your injuries.

Call (877) 622-8100 or complete the online contact form to request a free consultation.

How Can Hiring Newport News Personal Injury Lawyers Benefit Me?

Newport News personal injury lawyers can be the greatest ally in your fight for justice. When you are dealing with bullying insurance adjusters threatening you with no settlement at all, a Newport News, Virginia personal injury law firm knows how to fight back. Such firms can provide advice and representation. They can sometimes point you to essential resources on your road to wellness. They will put in hours of hard work building well-researched cases to protect the rights of the injury victims they represent.

Virginia injury law states that you will be barred from an award if you are even 1% responsible for an accident. Insurance providers count on that and use it against you. Having the right Virginia personal injury lawyers in your corner can bolster your chance of getting the total compensation you deserve.

If you must go to court, Montagna Law will employ our trial lawyers to fight for you. A good personal injury attorney will stand by you every step of the way. It is important not to just go for the first law firm you see in the local lawyer directory for legal services. Do thorough research.

At Montagna Law, we put a transparent and caring attorney-client relationship first. We have represented Hampton Roads injury victims in Newport News, Virginia Beach, Norfolk, and beyond, and we can represent you. Contact our legal team today to schedule a free consultation.

How Long Do You Have to File a Personal Injury Claim in Newport News?

Like every state, Virginia has a statute of limitations. In our state, you have two years from the date of your accident to file an injury claim or two years after death in the case of a wrongful death suit. If you file late, you risk a judge dismissing your case. That is why it is so important to secure the services of a qualified and experienced Newport News personal injury lawyer as soon as you have been injured.

What Types of Accidents Result in Personal Injury Cases in Newport News?

The U.S. news is filled daily with the types of accidents resulting in Virginia’s most common personal injury claims. These are just a few of the types of claims common in Virginia:

  • Auto accidents
  • Premises liability or slip-and-fall
  • Medical malpractice
  • Wrongful death
  • Product liability

Our practice areas cover most of these and many other injury cases. If you have suffered from one of these injuries or any other form of serious injury due to the reckless, careless, irresponsible, or even malicious acts of another, contact the law offices of Montagna Law today at (877) 622-8100 or fill out our contact form to get a free consultation and case evaluation with one of our Virginia personal injury lawyers.

Auto Accidents

car accident with warning triangle in road and people arguing in background

Car accidents, motorcycle accidents, and truck accidents can be caused by many factors, from distracted drivers to poor road conditions, speeding, DUI, and beyond. Each vehicle accident has its own characteristics to consider, and your injury lawyer at Montagna Law knows how to hold the responsible parties accountable.

Premises Liability or Slip-and-Fall

Premises liability is when you get hurt on someone else’s property. If they knew about a risk and failed to address that danger, and you get injured, they can be held responsible for your injuries. Most of these cases are of the slip-and-fall variety, but they can also involve falling objects, machinery injuries, and other dangers.

Medical Malpractice

Medical malpractice occurs when a healthcare professional treating you makes a grievous mistake, and you get hurt. From misdiagnosed illnesses to botched surgical procedures, they can be complex to pursue because hospitals do not like to admit fault. Montagna Law does not typically represent malpractice cases, but we may still be able to provide advice.

Wrongful Death

Wrongful death cases involve the death of a loved one at the hands of another party. In Virginia, only the estate’s designated representative (executor) can bring such a suit, but the award can then be divided among surviving relatives.

Product Liability

Product manufacturers and sellers have a responsibility to make sure that their products are safe to use when the directions are followed. If a product is defective, and that defect leads to injury, you may have grounds to file a claim against the manufacturer or seller, depending on the details of your case.

Difference Between Workers’ Compensation and Personal Injury

The primary difference between workers’ compensation and personal injury is the consideration of fault. Workers’ compensation does not deal with fault, allowing you to get benefits based on whether your employer has workers’ comp insurance. Meanwhile, personal injury cases are dependent on fault, with the at-fault party being subject to lawsuits from injury victims.

Proving Negligence in a Personal Injury Accident in Newport News

Proving negligence is essential in any personal injury case in Virginia because the state utilizes a contributory negligence rule. With this rule, you may only sue for damages if you were not responsible for the accident at all. If a court rules that the other party was 95% responsible and you were 5% responsible, for example, that 5% would bar you entirely from seeking damages.

Failure to Uphold Duty of Care

A major aspect of negligence is the consideration of one’s duty of care. A duty of care is an individual’s legal obligation to act in a reasonable manner and not put others in harm. You must argue what the expected duty of care was in your personal injury case and show how the target of your lawsuit violated this duty of care.

Party’s Negligence Led to Injury

Even when you successfully establish that the other party violated their duty of care, you must still demonstrate that their negligence is what directly led to your injury. Without a causal link, you will not be able to hold them liable for damages.

What Damages Can I Collect in a Personal Injury Claim?

Every case is unique, and only after we give you a consultation will we be able to estimate a value for yours. In general, however, there are two types of damages in such a case: economic and non-economic.

Economic Damages

Economic damages are easy to value. They include medical bills, lost wages, and the like. They will usually form the basis of your case and are essential to value other damages.

Non-Economic Damages

Non-economic damages are more subjective. They cover physical pain and suffering, emotional trauma, loss of companionship and consortium, reduced quality of life, and other “invisible injuries” that can arise from things like a brain injury. Usually, they are valued as a multiple of your economic damages, but your attorney may use other methods to put a value on them.

How Are Personal Injury Settlements in Newport News Paid?

man in neck brace talking with lady at desk who is handing him a pen

Personal injury cases are paid out in lump sums or structured settlements. A lump sum is the most common.

Lump-Sum Settlements

Lump-sum settlements are paid out all at one time. After you receive your payment, you cannot seek further compensation. Because of this, we often wait until we have a strong idea of how much you will need before agreeing to a settlement.

Structured Settlements

Structured settlements are paid in installments, which are negotiated along with the award. Usually, they are paid periodically on a regular basis and are funded by an annuity.

Are Personal Injury Settlements Taxable in Newport News?

For the most part, injury settlements are not taxable because they are not considered income. Some parts of your award, however, are taxable. These include lost wages and income awards, tax-deducted medical expenses, punitive damages, and dividends or interest-earned payments.

Don’t Miss Your Chance for Fair Compensation

If you or a loved one has suffered a serious injury at the hands of a reckless or malicious individual, the legal team at Montagna Law may be able to help. With over 175 years of combined experience and ranked among the state Super Lawyers, we have the knowledge and skills to offer legal representation to a wide range of injury victims.

We are not a huge corporate firm that treats everyone like a number. We’re a personable law firm that treats our clients like family and puts our client relationships first. We have won substantial settlements for clients all over the state, from Portsmouth to Virginia Beach, Williamsburg to Norfolk, Chesapeake to Fairfax, from the mainland to the peninsula, and beyond. Contact our Newport News office today for a free case review at (877) 622-8100, or fill out our easy contact form. Dedicated legal representation from Newport News personal injury lawyers is just a phone call away.

Visit Our Office

Address:
Montagna Law
4302 Huntington Ave
Newport News, Virginia 23607
Phone:
+1 (757) 380-8100
Our location:

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.