Virginia Personal Injury Lawyer
Welcome to the Virginia personal injury and medical malpractice website for Price Benowitz LLP. If you have been injured due to the recklessness or negligence of another individual, it is in your best interest to seek out the assistance of a dedicated Virginia personal injury lawyer. You will be able to determine if you have a valid personal injury claim given your particular circumstances, and in turn, what the most appropriate course of action is going forward. Taking legal action is a way in which you can attempt to remedy the wrong that you or a loved one suffered, and is an avenue for obtaining financial compensation for harms and losses suffered as a result of your injury.
Whether you are seeking compensation for your own injury, or on behalf of a loved one, a qualified personal injury attorney can provide you with an honest assessment of your case and can answer any questions you may have about the often complicated and intimidating claims process. It is important to speak with an experienced Virginia personal injury lawyer as he or she will be well versed in the claims process, statutes of limitations, damage caps, defenses to liability, and other legal factors that may prove pertinent in your case. Additionally, legal counsel will be able to advise you of the appropriate steps to take if, for instance, an insurance company contacts you wanting you to provide information or a statement, or if they offer you a settlement. It is important to keep in mind that insurance companies, and likely any other individuals that can be held responsible for your injury, do not have your best interest in mind. While a fast settlement offer may seem enticing, more often than not it is to your benefit to hire counsel to advise you, and the personal injury lawyers of Price Benowitz LLP are ready and willing to discuss your case. A personal injury lawyer is principally concerned with representing the interests of his or her client, but importantly, such an attorney is also focused on remedying a harm to protect others. Whether it be a slip and fall in a parking lot, the negligence of a doctor, or a defective product, by pursuing a personal injury case, an attorney seeks to hold someone responsible so that others avoid suffering needless injury.
When you call our law office you can be certain that you will be greeted by a caring and knowledgeable staff member, not an answering machine, no matter the time. Your initial consultation with one of our personal injury attorneys is free. At Price Benowitz LLP, our attorneys understand that all cases are different, and thus they value the importance of an initial discussion of your case – one that is free of any upfront financial or contractual commitment. Moreover, all of our personal injury cases are handled on a contingency basis, which means that we do not charge you a fee unless you obtain compensation.
Below is an overview of the type of personal injury cases and a brief discussion of some of the types of personal injury claims that are commonly filed in Virginia. If you have any questions or are in need of legal representation, please do not hesitate to contact one of our attorneys today.
Understanding Personal Injury Liability
Individuals who assume responsibility for the health and safety of others — whether they are operating a business, practicing medicine in a hospital, or simply driving a car on a highway — have an obligation to act in a manner that does not endanger those around them. In these situations, a moment of negligence or inattention can trigger an accident that leaves innocent victims with extensive physical and psychological injuries, and sometimes even causes death. Such accidents can usually be prevented if the culpable parties practice caution and adhere to proper safety protocols. Unfortunately, when they do not, innocent individuals are often left to shoulder the burdens that can result from injuries incurred in an accident. When this happens, Virginia personal injury law grants injured victims the right to pursue compensation for damages and harms and losses suffered as a result of another’s negligence. Virginia personal injury statutes cover a wide range of preventable injuries that occur as a result of recklessness, carelessness, negligence, and malice.
Often when one is injured due to the failure of another to follow safety rules, that person suffers not only physically and emotionally, but economically as well. Restoring your health should not be complicated by the stress of financial burdens associated with your treatment, rehabilitation, lost wages, and property damage. A personal injury attorney who has experience with cases in Virginia will understand what you and your family are up against, and will seek to hold those responsible for your harm and losses. Moreover, by doing so, such an attorney can help to prevent the possibility that other innocent individuals experience similar harm and losses. Having an astute legal team ready to help you fight to recover the monetary damages associated with your injury will not only be your best bet for securing positive results, it will also offer you some sense of comfort during what is undoubtedly a stressful and frightening time.
In light of the aforementioned, it is important to understand that your ability to secure financial compensation for a personal injury claim is contingent upon a number of different factors. For instance, Virginia is one of the few jurisdictions in the United States that subscribes to the doctrine of contributory negligence. What this means is that if your injury was in any way a result of your own doing, then you will not be able to recover compensatory damages through civil litigation. While this may seem unnecessarily harsh, it is nonetheless a definitive roadblock for many that file personal injury claims. Another common defense to personal injury claims is what is known as “assumption of the risk.” This applies to cases in which the injured person willfully engaged in an activity that put himself or herself at risk, and that such an individual understood the extent of the risk. For example, if you are in a parking lot in which there are icy conditions and, despite being warned of the icy conditions by a property owner and understanding the extent of those risks, you slip and fall while walking to your car, your claim may be jeopardized. It is also worth mentioning that if you were trespassing on private property and suffered an injury, that is also likely going to be an inhibiting factor to a successful personal injury claim.
However, contributory negligence, assumption of the risk, trespass, and other defenses are legally technical concepts that require evaluation and explanation. Therefore, it is in your best interest to discuss such matters and the totality of your injury or accident with an experienced Virginia personal injury lawyer.
Cars, trucks, motorcycles, bicycles, and boats are all inventions that have modernized our world and reduced the amount of time it takes to get from one place to another. However, these advances in transportation are not without their risks, one of the most significant of which is the potential for bodily injury due to an accident. In spite of technological developments in safety precautions such as seat belts, air bags, helmets, and even accident prevention systems (such as break assistance), individuals are hurt every day in the United States due to auto accidents.
If you have sustained injuries as a result of an accident, it is not uncommon to have significant medical expenses and even reduced earning potential as a result of not being able to go back to work. If this is the case, it is more than likely in your best interest to speak with a Virginia auto accident lawyer about filing a personal injury claim. An attorney will be able to determine whether or not you have a viable case based on a variety of factors including, but not limited to, the extent of your injuries, whether you contributed to the accident, potential defenses to liability, statutes of limitations, whether or not (and how quickly) you sought medical attention, and whether or not a police report was filed.
Below are some of collisions for which an attorney can help you file a personal injury claim. It need not be necessary that you suffer in silence while the culprit lives free from legal responsibility.
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Public Transportation Accidents
- Bicycle Accidents
- Boat Accidents
Medical malpractice is a broad term that encompasses many potential acts of negligence or carelessness within the healthcare field. The attorneys with our firm will be able to evaluate your case, and help to determine whether the injuries you suffered were a result of the negligence of a medical professional. There are some types of medical malpractice that might initially be overlooked because they are minor issues that arise as part of a normal hospital experience. However, further investigation and evaluation may reveal that these experiences were due to a breach of the acceptable standard of care, meaning they broke the rules that are designed to protect patients. Issues like infections, anesthesia errors, surgical errors, improper drug use, unrecognized drug allergies, and drug overdose may all be due to negligence or malpractice (depending on the unique facts and circumstances of each case).
An experienced Virginia medical malpractice lawyer will assist you in evaluating your potential medical malpractice claim by examining all the relevant documentation, listening to your questions and concerns, and engaging the assistance of expert witnesses, if necessary. If you have a valid claim, your Virginia personal injury lawyer can work to conclusively link your injury or illness with the reckless or negligent violation of the safety rules by the doctor, specialist, or other healthcare provider who treated you. There is no need for you to suffer as a result of a medical practitioners errors, and by filing a claim you are helping to protect future patients in need of medical care. Pursue legal action today by contacting an attorney.
Dangerous Drugs and Products
When customers buy items for sale, they expect those items to be safely manufactured, distributed, and sold, along with the appropriate instructions for their use. There are hundreds of items we employ every day to make our lives easier, from toasters to washing machines to air bags. The law is not blind to the reality that consumers rely on designers and manufacturers, as there are inevitably instances in which those actors in the supply chain fail to follow the set rules for the manufacturing of safe products. Under tort law, one has a means to remedy the wrongdoing, and hold those associated with bringing the product to market accountable. If a product has a design flaw, manufacturing defect, inadequate safety precautions, or misleading advertising, an injured consumer may be entitled to restitution. For more information, contact a Virginia dangerous products lawyer for an evaluation of your case.
Similarly, pharmaceutical drugs are used by consumers on a daily basis and are relied upon as being safe for consumption. However, one only has to turn on the television to realize that bad drugs have the potential to make it to the market, even in light of approval by the FDA. Dangerous drugs can have serious implications for your medical and financial well-being – burdens which you should not have to bear. Depending on the particular circumstances of your case, there are remedies available to you under the law. Whether you would like to join a class action lawsuit or file an individual, personal injury claim, a Virginia dangerous drugs lawyer can advise you on the most appropriate course of action.
The loss of a loved one is often a traumatic and difficult experience for the family and friends of the individual who has passed away. As a family member, the last thing you may be worried about is pursuing legal action, but it is important to realize that you may able to receive compensation for your loss. The law provides for this under what is known as a wrongful death action – a civil claim against an individual who can be held liable for someone’s death. Under § 8.01-50 of the Code of Virginia, a wrongful death action can be brought if the death of a person was the result of “the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel,” and must be filed by the personal representative of the decedent’s estate. This is generally considered to mean the immediate family members of the deceased individual, but there are certain instances in which other persons would be able to file the wrongful death action (e.g. the administrator of the testator’s estate).
While legal action may not be of paramount importance during a time of mourning, filing a wrongful death action is a way in which you can hold the individual responsible for violating the safety rules and causing harm to the community. Wrongful death actions are commonly seen in the instances of motor vehicle accidents, medical malpractice, and dangerous drugs and products, but can be brought under any circumstances in which someone is legally responsible for a death. For more information about the assistance that a Virginia wrongful death lawyer can provide, please visit the following page.
Property owners have a legal obligation to ensure that those who legally reside or pass through such property have a reasonable expectation of not being injured. This is one of the fundamental reasons as to why one can receive compensation for personal injuries. Without such protection, there would be no incentive for property owners to maintain safe conditions. While there are nearly an infinite number of ways in which an individual can be hurt on someone’s premises, slip and falls are one of the more common examples.
The term slip and fall may seem straightforward, but there are a number of issues related to this area of personal injury litigation that can make it extremely difficult to determine whether you have a valid claim. That is why it is so important that you consult an experienced personal injury lawyer to evaluate your case. One of the main issues in any slip and fall case is notice. Typically, a slip and fall plaintiff must prove that the party responsible for the upkeep of the premises had actual or constructive notice of the dangerous condition, or defect, that led to the fall. A common example of this is the slippery floor sign you might see at the supermarket after the slick linoleum floor has been mopped or a spill has occurred. If your attorney can prove that the person responsible for the premises failed to take the necessary safety precautions to avoid your accident, you may be entitled to a monetary settlement or award of damages to compensate for the harm and inconvenience you have endured. Contact a Virginia premises liability lawyer today to find out if you have a viable slip and fall claim.
While physical and sexual abuse are criminalized under Virginia law, such actions can also be the subject of civil litigation. While the criminal justice system focuses largely on holding those who violate the law and harm society responsible, civil law is also concerned with holding the perpetrators responsible for their actions by requiring the offender to make the victim whole again – typically through financial compensation. Filing a personal injury claim for physical or sexual abuse, or neglect in the case of a nursing home, is one way in which an individual can seek restitution while ensuring that the responsible party is less likely to cause future injury or further harm.
Nursing Home Abuse
Cases of nursing home abuse are often traumatic experiences and can be difficult for the victim to talk about. However, this reality does not warrant a perpetrator being absolved from civil liability. Nursing homes are designed to be supportive institutions for elderly individuals – persons who have a reduced ability to live independently, and have placed their safety and well-being in the hands of others. Even if you are unsure whether or not you have a viable personal injury claim, it is important that you speak with a Virginia nursing home abuse lawyer for a consultation of your case.
Much like nursing home abuse, sexual abuse often goes underreported and can be particularly difficult for a victim to talk about, let alone result in the pursuit of legal action. However, there are attorneys who understand the sensitivity of the issue, and who will provide you with confidential advice on the most appropriate course of action. While seeking restitution may not be your primary concern, it is important to realize that there are legal options available to you. Contact a Virginia sexual abuse lawyer for more information. The attorneys at Price Benowitz LLP are ready and willing to assist you during this difficult time.
Personal injury claims are a way in which an individual can seek restitution for the harm and losses that he or she has incurred as a result of another’s wrongdoing. However, not all injuries reasonably warrant a person injury claim, and thus it is imperative that you discuss your case with a knowledgeable personal injury lawyer. The attorneys at Price Benowitz LLP have handled a wealth of personal injury cases, and will take the time to discuss the facts of your case during a free initial consultation. There is no reason that you should suffer in silence when you may be entitled to compensation. Contact us today to discuss your options.