In the legal world, there’s always the big debate between those who say plaintiffs need more rights and more ability to bring lawsuits, and those who complain about ‘runaway litigation.’ Attorneys and legal professionals volley back and forth. Some propose tort reform in order to limit the rights of plaintiffs.
Others suggest more advocacy and want to make companies and other parties responsible for public health hazards. Other things like compensation caps are also often discussed as experts look at the delicate balance between fair and equitable compensation, and an unnecessary drain on private sector business, as well as pressure on local courts.
Virginia’s Litigation Environment
Regardless of how one feels about the issue, the reality is that Virginia is not a state that would be characterized as one in which runaway litigation dominates. Virginia is far behind various other states where plaintiffs tend to have more positive outcomes and where it’s easier to be confident about securing compensation through litigation.
By contrast, many would characterize Virginia as a kind of “middle of the road” state — while it’s possible to get positive outcomes through litigation, it’s by no means assured.
What It Means for Injury Victims
What this means for injury victims is that it can be substantially difficult to bring a personal injury case through Virginia courts, and many different things can become obstacles to compensation.
Aside from the more obvious challenges, such as a statute of limitations, the burden of proving negligence and the burden to prove injury, there are also more imprecise issues, such as whether the plaintiff can demonstrate that he or she did not have liability, and whether any mitigating factors will influence the courts perception of third-party responsibility.
Injury victims secure the services of personal injury attorneys to make sure they benefit from the best representation in court. They want to make sure they do not lose out on compensation due to a ruling on a vague concept or an inability of the court to see the situation from their point of view. They also want to make sure they comply with legal processes, remain eligible for compensation and that the settlement that they are offered is fair and equitable.
To represent their clients, injury attorneys start with extensive fact-finding and research that gives them a comprehensive view of a case. Applying federal, state and local laws, they look for areas in which third parties might be liable and where a party should compensate the victim for things like medical bills, lost wages, and pain and suffering. All of the way through the case, lawyers keep their clients informed and help them access their rights under the law.
A Virginia Injury Law Firm That Cares
For a legal consultation with a personal injury lawyer, call 434-817-3100
If you or a loved one has been injured in Charlottesville or Albemarle County or around the central Virginia area, call the qualified injury lawyers at MartinWren, P.C. Our attorneys are dedicated to helping you bring a personal injury case through local courts. Let us help you make sure your voice is heard in court.
MartinWren, P.C. attorney Robert E. Byrne, Jr. is responsible for the content of this article.
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