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The Rules Regarding Negligence in Virginia

October 21, 2015 in Articles, Personal Injury Articles | MARTIN WREN, P.C. | LEAVE A COMMENT

Some injury victims who seek counsel from qualified personal injury lawyers might wonder about the general ground rules and criteria for a case. While every case is different and needs to be evaluated on its own merits, there are some general guidelines that can help point people in the right direction.

In general, the outcome of a personal injury case depends on some specific principles with respect to the idea of negligence. First, it must be proven that there was some negligence or inattention to public safety on the part of the defendant. That negligence has to be linked to specific harm or damages. As a third principle, the courts must find that the plaintiff was not substantially negligent in his or her own right.

Complexity in Court

Although all of this sounds fairly simple, it’s rarely that straightforward in court. There are many types of cases and instances where negligence is rather vague and where mitigating factors play a role. For example, in an auto accident, you might think the courts would automatically award settlements for victims when an individual runs a red light or stop sign.

However, case law shows that where two or more vehicles are in an intersection at a time, liability may be placed on either the plaintiff or the defendant. The same holds true for other kinds of injuries and accidents where there may be numerous complex factors involved in the accident.

Representation for Victims

Injury victims rely on qualified injury lawyers to go through the facts of the case and evaluate them according to federal, state and local law. They often listen to their lawyers counsel on how solid or ‘likely’ a personal injury case may be. They also get other kinds of counsel on the procedural elements of the case — for example, how to handle legal hearings and other court events, how to seek medical care and how to communicate with an insurance company.

All of these aspects of working through a case can have an influence on how the case turns out. One example is the difference between settling out of court and getting court-awarded settlements. Lawyers will inform their clients on what’s generally reasonable from a legal perspective and help them get a fair and equitable settlement, not just the first number that’s offered to them.

In all of this, professional personal injury attorneys do the documentation and fact-finding that supports their client’s claims in court. These legal representatives work hard to make sure that their clients’ voices are heard and ensure they get fair treatment for an injury victim who has suffered because of someone else’s mistakes.

Help from Virginia Injury Lawyers

Injured in Charlottesville, Virginia? Call the injury attorneys at MartinWren, P.C. Our lawyers help Charlottesville families learn more about getting compensation for their family member’s injuries. Let us help you bring a case through local Central Virginia courts and pursue justice under the law.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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