The cardinal rule in any personal injury settlement is negligence. When you suffer serious injury, there needs to be someone to blame (a responsible other party) in order for you to collect any sort of damages for your injuries and losses. That's where the Virginia negligence laws come into play.

The state of Virginia uses a specific type of law to determine negligence in a personal injury case and an experienced accident/injury lawyer will have the knowledge of how to work with those laws. Complex personal injury cases may not be able to be resolved without the advice of an attorney and you owe it to yourself to get legal help as soon as possible.

What is negligence?

The basic definition of negligence is when a person's actions fall outside those of a reasonably prudent person. This can mean either a person does something that a reasonable person wouldn't, or they fail to do something a reasonable person would. Proving negligence involves defining what a reasonable person would or would not do in a situation, which can be rather difficult without the help of a Fairfax personal injury lawyer to argue your case.

Negligence in personal injury cases revolves around what actions the defendant did or did not take that caused the accident. For example, if a driver did not stop for a red light and hit your car, they would be negligent in following traffic signals. Or if a doctor prescribed you a medication that knowingly aggravated your heart condition but failed to warn you, they would be negligent in informing you of safety risks.  

The Virginia Negligence Laws

Every state has their own form of negligence laws and the Virginia negligence laws are among the strictest laws in the U.S. Virginia negligence laws are known as contributory negligence laws, which are found only in a few other states and Washington, D.C. The rest of the states follow some form of comparative negligence laws.

Virginia negligence laws state that under contributory negligence an injured party (plaintiff) may not be found to have been negligent in their own care in regards to the accident and injury. In other words, if you're found to be even the least bit at fault for your injuries, Virginia negligence laws say you don't have a case.

As you might imagine, filing and winning a Virginia personal injury claim can be extremely difficult with such strict Virginia negligence laws. That's where the experience of a Fairfax personal injury attorney comes in handy.

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If you want to know more about the personal injury process, you can request our free report including info on negligence laws.

Additionally, if you have an accident or injury case that you would like to discuss with our team of experts, you can call our office at (703)584-7277.

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