Personal injury litigation is subject to different regulations in every state. To bring a case in Virginia it is very important that you consult an experienced Virginia personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Virginia can arise from negligence or intentional wrongdoing.
In Virginia you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Virginia personal injury lawsuits you must also show that your own negligence did not contribute to your injury. Virginia follows the doctrine of contributory negligence. This means that a plaintiff can not recover damages for an injury if their own carelessness contributed to the injury.
Virginia personal injury law follows a hybrid doctrine of joint and several liability when determining liability between defendants. All defendants are held responsible for the full amount of the damages. The defendants must sort out their proportional liabilities amongst themselves.
Virginia law places no limit on the value of non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Virginia does not allow punitive damages to exceed $350,000. Punitive damages are assessed to punish the wrongdoing of the defendant.
In Virginia you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Virginia you need the counsel of a personal injury attorney who understands the nuances of Virginia law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.