Here's the lowdown on the 3 main elements every valid Virginia personal injury claim must have in order to be considered for a settlement. Remember that each claim is unique, so even if you think you've got all 3 covered, there's still a good chance that the insurance companies will shoot you down. That's why it's important to discuss your potential claim with a Fairfax personal injury attorney to help give your claim all the help it can get.

The first point is negligence. In Virginia, we follow a contributory negligence law, meaning you cannot be found to have contributed to your injuries or accident in any way to be able to file a Virginia personal injury claim. You may think that this makes recovering damages from your accident impossible, but with a good Fairfax personal injury attorney on your side, your chances are much better than when you go it alone.

The second point is damages. You need to have substantial damages from your accident to file a personal injury claim. Just a few cuts and bruises and a bit of scratched paint on your car isn't cause for a Virginia personal injury claim. You need to demonstrate serious financial damages such as high medical expenses, lost wages from time out of work and evidence of long-term suffering from disability or recovery.

The third point is proving fault. This may be the most difficult aspect of your personal injury claim because it relies on many factors. You'll need solid evidence that your accident was caused by the negligence of another party and that you were in no way at fault for your injuries. The evidence may include witness statements, photographs of the accident scene and police reports.

Establishing those 3 elements is only the beginning of the necessities of a Virginia personal injury claim. I've explained it here, and in my articles, in basic terms so you can get a feel for what to expect if you file a claim yourself. I can't give you legal advice right here, especially without knowing the circumstances of your accident, so it's best you contact a Fairfax personal injury attorney like me directly to discuss your claim. 

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their claims and focus on healing rather than documents and hearings.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
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