personal injury lawyers Charlottesville VA
One of the biggest components of a personal injury case is establishing fault for the injury or accident. There are several key elements in determining this, as our personal injury lawyers in Charlottesville VA from MartinWren, P.C. can tell you. They include determining negligence, the responsible person’s duty of care, and their breach of that care. When your lawyer can prove that you were harmed as a result of someone else’s actions, you may be eligible to file a personal injury claim which can result in receiving a substantial settlement.
Proving that the other person was negligent means establishing that the person had a duty of care to avoid harming the other person. “Duty of care” is a phrase used to describe when a person is required to perform a certain level and quality of care based on the circumstances. If you were injured by someone in an avoidable accident, consider talking to our personal injury lawyers In Charlottesville VA from MartinWren, P.C. During a free initial consultation, you can discuss the particulars of your case and assist you in determining the next steps to take.
Here are a few examples of how duty of care comes into play when an injury occurs:
- Motor Vehicle Accidents. When driving a vehicle, a duty of care refers to a driver’s responsibility to be mindful of traffic conditions, visibility, weather conditions, road construction, school zones, etc. Drivers have a legal obligation to follow all driving laws while behind the wheel. When an avoidable accident happens because of the actions of the driver, that driver is said to have failed their duty of care to their passengers, other drivers, and pedestrians.
- Slip and Fall Cases. A business owner is legally obligated to keep their premises free from known hazardous obstacles and must take action within a reasonable amount of time to identify the hazard and take care of any other dangers as they arise.
- Medical Malpractice Cases. A medical professional or physician has a legal obligation to provide treatment to patients with the same skill level and care that another professional would use under like circumstances.
- Defective Product Cases. It is the duty of the distributor, manufacturer, and seller of a consumer product to sell and produce a product that does not have any unreasonable or unexpected dangers for the buyers.
How Fault is Determined
After the person’s duty of care is established, the personal injury lawyer In Charlottesville VA who represents the injured victim (plaintiff) needs to prove how the defendant disregarded that duty. How did the defendant behave that made their conduct unreasonable given the situation? To put it another way, why should the defendant be found legally at fault for causing injury to the plaintiff? These are considerations for your personal injury lawyer.
Fault can be determined after a vehicle accident by:
- Hearing the testimony of a witness to the accident.
- Proving the defendant committed a traffic violation (a police report may document this).
- Hearing the plaintiff’s account of the accident.
- Looking at the evidence at the scene of the accident, including damage to the victim’s car.
Sometimes, it can be shown that in addition to the defendant’s negligence, the actions of the plaintiff also contributed to causing the injuries. For example, the plaintiff may have turned in front of the defendant and the defendant could not avoid hitting the plaintiff because the plaintiff was speeding. If this is the case, the court may reduce the amount of damages awarded to the plaintiff because the accident was partly their fault. Note that in a few states, if the plaintiff is to blame for any part of the accident, they will not be able to collect any damages from the defendants. Your personal injury lawyers In Charlottesville VA
can clarify this for you.
When You Need a Personal Injury Lawyer Charlottesville VA Offers
If you have been injured in an accident where you feel someone else or an entity was responsible for your injuries, contact our personal injury lawyer In Charlottesville VA at MartinWren, P.C.
for a free consultation to learn how we can help you.