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FAQ
The following are some personal injury related frequently asked questions.
The answers to these questions are not for the purpose of providing legal advice, but to give you a general overview of personal injury law in Virginia.
FAQs
- How much money is my case worth?
- What is your fee to represent me or my family member?
- What are the damages and compensation that the injured party can recover in Virginia?
- What is the law of negligence in Virginia?
- What is the burden of proof in a personal injury case?
- Can I recover damages for my pre-existing medical condition?
- What is contributory negligence in Virginia?
- Do I have to hire a lawyer?
- Do you charge any fee to consult with me about my personal injury matter?
- What are client testimonials?
- How much money is my case worth?
The answer to this question depends on various factors. Factors determining the value of a personal injury claim include:- Who was at fault?
- What are your injuries?
- What are your financial losses?
- Does the negligent party have adequate insurance to fully compensate you?
- What is your fee to represent me or my family member?
Our personal injury and/or wrongful death representation is on a contingent fee basis. If there is no recovery for you, or your family member, then there is no attorney’s fee.
- What are the damages and compensation that the injured party can recover in Virginia?
Virginia has two types of recognized damages that can be recovered – Compensatory and Punitive damages.
Compensatory damages are to compensate you for your injury and losses. Compensatory damages include:- Losses for your bodily injury
- The effect those injuries have had on you including pain and suffering
- Mental anguish
- Current and future medical expenses
- The loss of your earnings and your inability to work in the future
- Property damage
Punitive damages are awarded to punish the negligent party for conduct that was so reckless as to show a willful disregard for another, or the negligent act was intentional.
- What is the law of negligence in Virginia?
Negligence is recognized as failure of a party to use ordinary care in their actions. A common example of a party not using ordinary care is when a person is driving a vehicle without paying attention or speeding and thus, causes an accident.
- What is the burden of proof in a personal injury case?
Personal injury actions are civil actions and it is the injured parties’ burden to prove by a “preponderance of evidence” that the wrongdoer was negligent and that the negligence caused an injury. Black’s Law dictionary also refers to “preponderance of evidence” as that evidence that is “more likely than not.” Sometimes the analogy used is that a football field is 100 yards and that the injured party must be able to go 51 yards to prove their case. This burden is less than a criminal case, where the burden of proof is “beyond a reasonable doubt.”
- Can I recover damages for my pre-existing medical condition?
If you had an injury or medical condition before the accident, then you can recover your damages by proving that your pre-existing condition has been aggravated or the injury is now more difficult to treat.
- What is contributory negligence in Virginia?
It is when the injured party has failed to act as a reasonable person would have, under the circumstances. If the defendant can prove that the injured party was negligent themselves, then the injured party may be unable to recover damages.
- Do I have to hire a lawyer?
Our civil court system allows a person to represent themselves in the State of Virginia.
- Do you charge any fee to consult with me about my personal injury matter?
No
- What are client testimonials?
I am sure that I could get permission from clients to feature client-testimonials, some clients have told me to do such, but I do not prescribe to the practice of law that way.
A legal scholar once stated that client-testimonials can possibly blur an unwritten boundary from being educational to exploitive.
The attorney-client relationship is sacred and intimate, and the way we comfort a client or family member will remain between us and them.
As the law of attorney advertising continues to evolve, maybe I will reconsider the issue of a client desiring to be on this webpage … but don’t count on it.