Virginia personal injury claims are a necessary part of the legal system when victims suffer injury because of the negligence of another. We are held accountable for our actions, and accordingly, when we are injured through no fault of our own, the other party should be held liable for our losses.
Victims seeking to file Virginia personal injury claims need to first remember that Virginia is a pure contributory negligence law state. Your Fairfax personal injury attorney is able to best explain this system, but it basically means you cannot be found to have contributed to your accident and injuries in any way if you are to recover any damages.
This system makes settling Virginia personal injury claims extremely difficult, especially if you have not prepared solid evidence of the other party's negligence. A Fairfax personal injury attorney can be your greatest asset in the fight against insurance companies and court claims.
What Makes Legitimate Virginia Personal Injury Claims
You don't have an injury claim if you don't have any injury. Many people falsely believe that just because they were in a car accident, they can file Virginia personal injury claims. If only your vehicle suffered damage, you may have a property damage claim, but not a personal injury claim.
There are Fairfax personal injury lawyers who will go ahead and try to file Virginia personal injury claims for accidents with minor injuries like minor whiplash or small cuts and bruises. These claims often get denied because of a lack of need, or if they do settle, the settlement amount is eaten up by attorneys' fees and little is left to the victim.
Because of these abusers of the system who only seek large compensatory damages (known as pain and suffering, or non-economic damages), the act of filing Virginia personal injury claims has gotten a bad reputation. Plenty of legitimate victims who wrongfully suffered injury because of the negligence of another file Virginia personal injury claims all the time, with or without the help of a Fairfax personal injury attorney.