Navigating the intricacies of personal injury law in Virginia requires a nuanced understanding of how liability is determined. From bustling city centers to serene rural landscapes, accidents can happen anywhere, and assigning responsibility is a critical aspect of seeking justice for those who have suffered.
If you or a loved one has been injured in a car accident, you have likely heard terms like ‘liability’ and ‘negligence’ tossed around, but what does it all actually mean? Personal injury law can be hard to navigate.
That’s where we come in. Here at Coletrane & Messersmith, our experienced attorneys meticulously investigate each case, collecting evidence, interviewing witnesses, and consulting experts to build a compelling argument. More importantly, though, we are here to walk you through each step of the process and answer all of your questions.
Can You Sue Even If You're Partially Responsible for Your Accident?
In car accidents, there can be varying degrees of fault and liability and different states observe these principles differently. Virginia, for example, follows a legal principle known as contributory negligence when it comes to personal injury cases.
What is Contributory Negligence?
Contributory Negligence is a term that means if a person is found to have contributed in any way to their own injuries, they may be prohibited from recovering any damages from other parties involved in the accident.
This means that if the other party is able to prove that you were at fault, even just partially, it can be almost impossible to sue for injuries obtained. This is a more harsh standard than the Comparative Negligence principle applied in many other states, but there are defenses.
How does Contributory Negligence Differ from Comparative Negligence?
In states that recognize Comparative Negligence, there is more of a legal gray area where an injured person’s principle may be reduced based on their percentage of fault. This means that if you are deemed 10% at fault by the police or by your insurance agency, you might have lost 10% of whatever amount a court would have awarded you. This differs from a Contributory Negligence system where any fault at all could bar you from successfully pressing charges for injuries obtained.
Still, each case is different so it is essential to consult with a qualified attorney as soon as possible after your accident. They can help you to assess the specific details of your case and understand how contributory negligence may or may not apply. Insurance companies will often try to place injured parties at fault in order to deny otherwise valid claims. Our car accident lawyers can help you understand who can be held liable and how to file the legal documents to begin your case.
Contact Coletrane & Messersmith Injury Law to Discuss Your Case
When you are injured, your focus should be on your physical recovery, not worrying about whether or not you will be able to recover money against a liable party. Stress and anxiety can be detrimental to your well-being and delay your recovery.
At Coletrane & Messersmith, our experienced legal team is dedicated to meeting and exceeding the highest standards of service throughout the entire legal process, so you can focus on your health. Our legal team is committed to client-first service. By tailoring representation to meet the individual needs of each client, we can ensure that your case receives proper care and attention.
For over a decade, we have been helping families throughout Hampton Roads recover compensation from negligent parties. We work hard to get real results for every client that comes through our door. Just sit back, relax, and let Virginia’s premier personal injury law office take care of the rest!
