Life can take an unexpected turn in an instant. One moment, you are enjoying the peak of your health, and the next, a debilitating injury shatters your world. The sudden shift can leave you grappling with profound physical pain, emotional turmoil, and overwhelming financial burdens.
At MartinWren, P.C., our experienced team is driven by a deep commitment to justice. Our Winchester personal injury lawyer helps those whose lives were changed by the negligence or wrongful actions of others. We have secured substantial verdicts and settlements for our clients just like you, including multi–million dollar results in traumatic brain injury and spinal cord injury cases.
Critical Evidence in Personal Injury Claims
Personal injury cases rely on evidence to build the proof against the at-fault party. Understanding how to properly gather evidence, especially in a state with pure contributory negligence, is vital to the success of your case.
Strong, compelling evidence is crucial to demonstrate that the defendant’s negligence was the primary cause of the accident and that the plaintiff’s contribution, if any, was minimal or non-existent.
Difficulties with gathering evidence can be common, such as with evidence in malpractice cases that could be blocked due to regulations. Working with a personal injury attorney in Winchester will help you gather police and medical reports, interview eyewitnesses, find or take photos and videos of the scene of the accident, and other documents and proof of your claims.
We may consult expert witnesses such as accident reconstructionists or medical professionals to gain valuable feedback and insights supporting your case strategy.
Depending on what kind of personal injury you have, different evidence may be available. A company may have maintenance records and CCTV footage to review, while a truck accident could provide dashcam footage and an Electronic Logging Device (ELD) or black box with data leading up to the crash.
Consult with a personal injury lawyer to determine what evidence you will need to pursue your case.
For a free legal consultation with a personal injury lawyer, call 434-817-3100
Winchester, VA’s Trusted Personal Injury Lawyers
Founded in 2009, the personal injury lawyers at MartinWren, P.C. have represented thousands of injury victims with compassionate care and an aggressive drive for justice. We strive to get you the compensation you deserve for your losses. We handle many personal injury cases, including:
- Winchester car accident lawyer: We work to hold negligent and dangerous drivers accountable by pursuing maximum compensation for your injuries and other losses.
- Winchester truck accident lawyer: Truck accidents are often complicated to pursue compensation for, involving liability from multiple parties or companies and severe injuries to victims. The Interstate 81 corridor is packed with large trucks and tractor trailers, and serious crashes unfortunately happen far too often on this crowded and dangerous highway.
- Winchester motorcycle accident lawyer: We stand up for motorcycle accident victims and help them pursue settlements to pay for their injuries, which are often life-altering.
- Winchester traumatic brain injury lawyer: Traumatic brain injuries (TBIs) can have devastating and lasting consequences. We fight for victims to obtain the necessary resources and support for their recovery.
- Winchester burn injury lawyer: We help victims of burn injuries secure compensation for their pain, disfigurement, humiliation, and medical expenses.
- Winchester spinal cord injury lawyer: We advocate for spinal cord injury victims, such as those who suffer paralysis or myelopathy, to receive the necessary care to improve their quality of life after life-altering disabilities.
- Winchester medical malpractice lawyer: We investigate and pursue claims against negligent healthcare providers to ensure victims receive the compensation they deserve.
Understanding Virginia Personal Injury Laws
Personal injury laws in Virginia are designed to compensate individuals harmed by the negligence or wrongful action of others. Under Code of Virginia § 8.01-3, a personal injury is defined as any physical harm or bodily injury, including illness, disease, or death, caused by someone else’s negligence.
These injuries can happen in any circumstance and range from minor to severe.
To establish a personal injury claim in Virginia, the burden of proof is on you to prove. This requires proving that the other person owed you a duty to act with care, broke that duty, and that their negligent action or inaction directly caused your injuries.
An example could be a trucking company’s failure to abide by the many regulations contained in the Federal Motor Carrier Safety Regulations, leading to a life-altering accident and injuries to other motorists.
Most personal injury claims in Virginia are settled through negotiations with the at-fault party’s insurance company over your compensation. Litigation may become necessary if the individual or insurance company refutes your claim or refuses to negotiate a fair amount. If the insurance company persists and takes an unreasonable position, we will take the case to a trial by jury when necessary.
If you were hurt because of someone’s negligence in Virginia, contact our Winchester personal injury attorney for assistance evaluating your claim and determining the best legal options for your situation.
Winchester Personal Injury Lawyer Near Me 434-817-3100
Statute of Limitations in Winchester, Virginia
Under the Code of Virginia § 8.01-243, injured persons generally have up to two years to file a personal injury case, starting on the date the injury happened. If you pass this deadline, victims are typically barred from receiving any compensation through the courts.
There are some exceptions to this rule, such as cases that involve an injury to a minor or injuries that were not discovered until later.
There are also notice periods that apply in some cases that are much shorter. Figuring out the statute of limitations and applicable notice periods can be complicated legal issues, so it is always in your best interest to consult with an experienced and knowledgeable attorney as soon as possible after the incident that caused your injuries.
Still, do not delay in getting started on your claim. Contact one of our personal injury attorneys today to discuss your case in a free, no–obligation consultation. The sooner you get started, the sooner you may receive compensation for your ever-growing medical bills.
Virginia’s Comparable Negligence Laws
Virginia operates under a pure contributory negligence doctrine, and personal injury claims will follow that law according to the common law of Virginia.
This means that if a plaintiff in most personal injury cases is found to be even slightly at fault for an accident, they are completely barred from recovering any damages from the defendant.
This means that even if the defendant was 99% responsible for the accident and the plaintiff was only 1% at fault, the plaintiff would be unable to receive any compensation for their injuries.
Virginia, Maryland, North Carolina, Washington, D.C., and Alabama are the only jurisdictions that still adhere to the pure contributory negligence doctrine.
Most other states have adopted some form of comparative negligence, which allows plaintiffs to recover damages even if they share some fault in the accident. Consult with a personal injury lawyer in Winchester if you have questions regarding pure contributory negligence and your own personal liability.
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Hire a Personal Injury Attorney in Winchester to Pursue Compensation for Your Injuries
At MartinWren, P.C., we are dedicated to helping you rebuild your life after you suffer an injury due to another person’s negligent behavior. If you have further questions, check out our FAQs or contact us directly for answers specifically tailored to your situation.
Set up a free case consultation today to get started.
Call 434-817-3100 or complete a Free Case Evaluation form
