Who Is Liable in Your Injury Case?

In a personal injury case in Virginia, determining who is responsible is crucial. To get compensation for your injuries, you must show that someone else was negligent. Negligence is a legal principle that indicates a failure to act as a reasonable person would under the same circumstances.
 
Virginia follows a strict rule called “contributory negligence.” This rule allows the at-fault party to defend themselves by claiming that your actions also played a role in causing the injury. So, if they can prove that you didn’t act reasonably to keep yourself safe in that situation, it can stop you from getting any compensation from the person who caused the injury.
 
This rule means that if your actions contributed to your injuries, even a little bit, you might not get any compensation in Virginia. It’s important to know that Virginia is one of only a few states with this strict contributory negligence rule.
 
Because of this rule, it’s usually a good idea to have a lawyer handle your injury claim instead of talking directly to the at-fault party’s insurance company. A lawyer can help you navigate these complex laws and work to get you the compensation you deserve.
 

What Damages Can You Collect in a Personal Injury Case in Fairfax?

After experiencing a personal injury, individuals often face various measurable and intangible challenges. These challenges can be broadly categorized into two main groups: economic and non-economic damages.
 
Economic damages involve direct financial setbacks, like medical bills, expenses related to property repairs, lost income, and potential losses in retirement funds. Calculating economic damages is typically more straightforward, relying on concrete evidence such as medical invoices and employment records.
 
Non-economic damages are less tangible and encompass the emotional and psychological effects of an accident. These effects include pain and suffering, emotional distress, a reduced ability to enjoy life, and, in severe cases, the loss of companionship or parental guidance.
 
Virginia also allows for punitive damages in specific personal injury cases. Punitive damages are meant to punish the defendant for particularly reckless or deliberate actions and to discourage others from engaging in similar conduct.
 

How Is the Value of Damages Determined for Your Claim?

Figuring out how much your injury claim is worth depends on various things like how you got injured, how badly you were hurt, and the laws that apply to your situation. Unfortunately, there’s no fixed formula for calculating exactly how much your case is worth because every case differs. However, an experienced law firm can give you a general idea of what you might get based on their past cases.
 
The court usually looks at your medical bills, the money you lost because you couldn’t work, and how much pain and suffering you went through before making a decision. They consider each of these things differently depending on how bad your injury is.
 
In Virginia, the law is often on the side of people who’ve been hurt. Unlike some other states, Virginia doesn’t put a limit on how much money you can get for things like medical bills, lost wages, pain and suffering, and other costs related to your injury.
 

What Evidence Is Needed for a Personal Injury Claim in Fairfax?

Collecting evidence is a critical part of building a strong personal injury case because it forms the basis for a convincing argument. Visual proof, such as photos and videos, can make a significant impact in personal injury cases. Taking pictures of your injuries and recording your recovery process on video can strongly influence settlement negotiations and jurors’ decisions. Visual evidence can stir emotions and effectively convey facts that support a fair compensation award. In some cases, physical evidence like unwashed clothing or footwear worn during the incident can be especially valuable, particularly in slip and fall cases.
 
Documentary evidence also plays a crucial role in personal injury claims. This includes things like police reports, records of your initial medical treatment, medical reports, bills, and proof of lost income, such as pay stubs and tax returns. Documentary evidence helps establish the connection between the negligent actions and the injuries that resulted, which is essential for determining the value of your claim and seeking appropriate compensation.
 
Witness testimony is another vital form of evidence. Eyewitnesses who saw the injury happen can provide valuable testimony to determine who’s at fault. Testimonies from medical professionals and caregivers can clarify the extent of your injuries and how they’ve affected your life. The testimonies of loved ones will humanize your case, helping jurors understand the real impact of the accident on your life.
 
Our experienced personal injury attorneys in Fairfax, VA, have the knowledge to identify and gather the necessary evidence to strengthen your case. We can present a persuasive argument on your behalf, increasing the chances of a favorable outcome to secure the compensation you rightfully deserve.
 

What Is the Process for Starting Your Fairfax Personal Injury Case?

Personal injury cases typically follow a consistent timeline, although each has unique complexities. Here’s a general overview of how a personal injury claim is typically handled:
 
1. Initial Consultation
The first step involves meeting with a personal injury attorney in Fairfax, VA. It’s essential to speak with a lawyer before dealing with any insurance representatives. Our attorneys offer free initial consultations during which you can discuss your case specifics, your injuries, and the treatments you’ve undergone. This helps assess your case’s strength and explore your legal options.
 
2. Hiring a Personal Injury Attorney
Following the consultation, you can choose the attorney who best suits your needs. Consider factors like their experience, track record, and your personal rapport. Our Fairfax personal injury attorneys work on a contingency fee basis, which means you only pay attorney fees if you receive a monetary award. The fee is a percentage of the award, and our firm covers case-related expenses.
 
3. Discovery and Gathering Evidence
Once you’ve selected an attorney, they start an independent investigation into your accident. This investigation aims to determine the cause of the accident and gather evidence related to the incident and your injuries. This phase may also involve obtaining medical records.
 
4. Negotiations and Mediation
After securing crucial evidence, your attorney submits a claim to the insurance company of the responsible party. Typically, a demand for a specific amount to cover all damages is presented. Negotiations with the insurance company are common since they prefer settling to avoid trial expenses. If an agreement isn’t reached, mediation may be attempted before moving forward with a trial.
 
5. Filing a Lawsuit
If negotiations or mediation do not lead to a settlement, your attorney may file a lawsuit. The statute of limitations determines the timeframe for filing the lawsuit, although completing the lawsuit doesn’t necessarily have to happen within that time frame. Sometimes, filing a lawsuit prompts the insurance company to consider settling, while in other cases, the insurer may choose to vigorously defend the case.
 

Why Ashcraft & Gerel Might Not Take Your Fairfax Personal Injury Case

Here are a few reasons why Ashcraft & Gerel might decide not to accept a case:
 
1. Difficulty Establishing Fault: Demonstrating fault is crucial in personal injury cases. To build a strong claim, we must show that the accident resulted from the negligence of another party. If it turns out that you share some responsibility for the accident, it might be challenging to recover damages. Our personal injury lawyers carefully review the circumstances and assess the potential success of a claim based on fault determination.
 
2. Statute of Limitations Expired: The statute of limitations imposes a deadline for filing a case, and this time frame varies depending on the type of legal claim. If we cannot take your case, it could be because the statute of limitations has run out. This emphasizes the importance of seeking legal advice promptly after an injury or accident. To ensure you have the opportunity to file a claim, it’s crucial to avoid unnecessary delays and consult with an attorney as soon as possible.
 
3. Jurisdictional Constraints: Personal injury cases are subject to jurisdictional requirements, which determine the appropriate location for filing a case. Lawyers are typically licensed to practice in specific states and jurisdictions. Depending on the unique circumstances of your case, it may be necessary to file the claim in a jurisdiction where the attorney you want to hire is not licensed. In some cases, the attorney may seek special permission to practice in that jurisdiction, but such permission is at the judge’s discretion and not guaranteed. If the attorney cannot obtain permission, they may be unable to take your case.
 
4. Lack of Significant Injuries: If your physical injuries are not substantial, we may be unable to take your case.
 

What Can You Do To Protect the Value of Your Personal Injury Case?

To safeguard the value of your personal injury claim, consider taking these steps:
 
1. Seek Immediate Medical Attention:
After an accident, it’s vital to promptly seek medical assistance. This ensures a proper diagnosis and treatment of your injuries. Prioritize your well-being, and obtaining medical care early creates a solid record of your injuries in your medical history. These records play a crucial role in establishing the compensation you deserve.
 
2. Preserve Evidence:
Take photographs or videos of the accident scene and remember any details about the incident. Additionally, document the progression of your injuries as you heal. This creates evidence showing how your injuries have developed over time.
 
3. Follow Your Treatment Plan:
Adhere to the treatment plan provided by your doctor. Consistently following this plan is essential. If treatment is delayed or neglected, the other party’s insurance may argue that your injuries are less severe. Sticking to the treatment plan strengthens your case and emphasizes the seriousness of your injuries.
 
4. Keep Track of Expenses:
Maintain thorough records of all expenses related to the accident. This includes medical bills, treatment invoices, property damage, rehabilitation, and other relevant costs. If your injuries have resulted in lost income, gather pay stubs, bank records, and other documents to demonstrate your financial losses.
 

What Should You Expect From Ashcraft & Gerel During Your Case?

When you select us for your personal injury case, here’s what you can expect:
 
1. We’ll gather all crucial information and evidence.
2. We’ll request the necessary details to thoroughly investigate your case.
3. We’ll have candid discussions about potential case outcomes.
4. We’ll handle negotiations with insurers, legal representatives, and the court.
5. We’ll estimate the case duration and keep you informed.
6. You’ll receive upfront information about our fees and expenses.
7. Prompt responses to your inquiries and regular updates.
8. Your case will be handled with both ethics and expertise.
9. We’ll work diligently to secure the best compensation for you.
10. Our team is well-organized and fully prepared.
11. We respect your time and treat you with courtesy and professionalism.
 

Get Started With Our Personal Injury Lawyers in Fairfax, VA Today

Facing a personal injury can bring about significant financial, physical, and emotional burdens for both you and your loved ones. If you’ve been injured due to someone else’s negligence, the Fairfax personal injury attorneys at Ashcraft & Gerel are here to offer guidance during this challenging time.

With our extensive and successful 70-year track record of helping injury victims across the state, our team of personal injury lawyers in Fairfax, VA, has the knowledge and resources to assist you in pursuing a strong compensation claim. Feel free to reach out to us today for a no-obligation, complimentary case evaluation. Contact us at 703-496-4423!